V.Anbu Piriyavathani vs The Secretary to Union Government
- Court
- Madras High Court
2026:MHC:4558
WP No. 18335 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON: 02-11-2026
PRONOUNCED ON: 13-11-2026
CORAM
THE HON'BLE Mr.JUSTICE C.KUMARAPPAN
WP No. 18335 of 2022
CNR:{HCMA011054722022}
AND
WMP Nos.10409 of 2026 & 17674 of 2022
1. V.Anbu Piriyavathani
D/o.Dr.R.Velu, Director, In-charge,
State Resources Centre for Adult & Continuing
st
Education, 20, 1 Street,
Venkataratnam Nagar Extension, Adyar,
Chennai-20.
2. Dr.P.Kumara Gurudas
S/o.Ponngavanam, Research Fellow,
State Resources Centre for Adult & Continuing
st
Education, 20, 1 Street,
Venkataratnam Nagar Extension, Adyar,
Chennai-600 020.
3. R.Tamil Selvam,
S/o.Ramasamy,
Assistant Programme Organiser,
State Resources Centre for Adult & Continuing
st
Education, 20, 1 Street,
Venkataratnam Nagar Extension, Adyar,
Chennai-20.
4. K.Mythily
D/o.A.Krishnamachariya,
Accountant,
State Resources Centre for Adult & Continuing
st
Education, 20, 1 Street,
Venkataratnam Nagar Extension, Adyar,
Chennai-20.
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5. D.P.Anjugam,
D/o.Palani T.P.
Junior Stenographer,
State Resources Centre for Adult & Continuing
st
Education, 20, 1 Street,
Venkataratnam Nagar Extension, Adyar,
Chennai-20.
6. K.Subramani (DIED),
s/o.Krishnan, Lower Division Clerk/Typist,
State Resources Centre for Adult & Continuing
st
Education, 20, 1 Street,
Venkataratnam Nagar Extension, Adyar,
Chennai-20.
7. Varalakshmi,
W/o. K.Subramanian, Door No.14, A3,
T.Nagar Hospital Road, T.Nagar, Chennai - 17.
8. Akshaya Subramanian,
D/o. K.Subramanian, Door No.14, A3,
T.Nagar Hospital Road, T.Nagar, Chennai - 17.
9. Aishwarya Subramanian,
D/o. K.Subramanian, Door No.14, A3,
T.Nagar Hospital Road, T.Nagar, Chennai - 17.
(P7 TO P9 ARE SUBSTITUTED AS LRs OF
DECEASED SIXTH PETITIONER VIDE
ORDER DATED 02.04.2026 MADE IN
WMP.9868/2026 IN WP.18335/2022 BY
MSQJ)
..Petitioner(s)
Vs
1. The Secretary to Union Government
Department of School Education and Literacy,
Ministry of Education. 124-C, Shastri Bhavan,
New Delhi -110 001.
2. The Director General (NLMA) and
Joint Secretary (AE),
Department of School Education and Literacy,
Ministry of Education, Shastri Bhavan,
New Delhi-110 001.
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WP No. 18335 of 2022
3. The Principal Secretary to Government of
Tamil Nadu, Department of School Education,
Fort St. George, Cehnnai-9.
4. The Director
Directorate of Non-formal/ Audit and
Continuing Education,
Government of Tamil Nadu and Chairman,
State Resources Centre for Adult Education,
DPI Compound, College Road,
Nungambakkam, Chennai-06.
5. The Registrar Of Societies,
No. 170, NV Natarajan Maaligai,
Periyar EVR High Road,
Poonamallee High Road, Kilpauk,
Chennai - 600010.
(R5-CAUSE TITLE AMENDED AS PER
ORDER DATED 18.06.2024 IN
WP.18335/2022 BY DBCJ)
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a writ of Mandamus, directing the respondents to pass order on the
representation made by the petitioners dt.22.04.2022 enabling the respondents
to absorb them permanently in any equivalent post in any one of the Department
of Government of Tamil Nadu or Central Government by taking into
consideration their continuous service for the last 25 to 30 years in the State
Resource Centre with all consequential service and monetary benefits within a
th
reasonable time frame AMENDED AS Calling for the records of the 4
respondent in connection with the impugned order passed by him in
Rc.No.539/A1/2022 dated 03/08/2022 and quash the same and direct the
respondents to absorb the Petitioners permanently in any equivalent post in any
one of the Department of Government of Tamil Nadu or Central Government by
taking into consideration their continuous service for the last 25 to 30 years in
the State Resources Centre with all consequential service and monetary benefits
within a reasonable time frame and grant such other further relief as this
Honourable Court may deem fit in the circumstances of the case. (PRAYER
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AMENDED VIDE ORDER DT 14.07.2023 MADE IN WMP.709/2023 IN
WP.18335/2022 BY NSKJ)
For Petitioner(s): Mr.K.Venkataramani
for Mr.M.Muthappan
For Respondent(s): Mr.K.Srinivasa Murthy,
SPCCG For R1, R2
Mr.T.Gowthaman
Additional Advocate General
Assisted Mr.V.Sivalingam
Government Advocate for R3 to R5
ORDER
Though the present writ petition has been filed seeking a direction to
absorb the petitioners permanently in any equivalent post of the Department of
the Government of Tamil Nadu, the learned Senior Counsel would submit that
th
now that all the petitioners those who were employed under the 4 respondent
became superannuated. Therefore, the question of absorbing them does not
arise. But, it is their submission that due to the sudden stoppage of grant from
Central Government since October 2017, no salary was given to the petitioners
and other staffs. It is their case that a sum of Rs.3,39,46,813/- is due as a salary
from November 2019 onwards to the petitioners 1 to 6 and one Dr.K.Devaraj,
Mr.Padmanabhan and Mrs.Ninnarasi. In this connection, the learned counsel for
the petitioners has given a statement, which is extracted hereunder:-
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But, it is for the respondent to reconcile the above statement with the records
available with them.
2.Now the point to be considered is, how the salary arrear to be settled to
the petitioners.
3.The respondents 1 and 2 have filed a counter statement that the State
Resource Centre, in which the petitioners were employed, is an independent
entity registered under the Tamil Nadu Societies Registration Act, governed by
it’s bylaws and they were expected to provide academic and technical resource
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support to adult education programmes. The scheme was extended upto
31.03.2018 and thereafter, no funds provided to the scheme by the Central
Government.
4.In the course of hearing, on 21.09.2026, this Court heard the learned
Additional Solicitor General. Thereafter, on 24.09.2026, this Court heard
Mr.K.Srinivasa Murthy, learned Senior Panel Counsel and observed as follows:-
“On 21.09.2026, this Court has passed the following order:-
“Heard the learned counsel for the petitioner and learned
Additional Solicitor General for respondent.
In the meanwhile, the learned Government Advocate//State
Government is directed to file a counter.
Post on 24.09.2026 under the caption “For Orders”.
2.Even today, the learned Government Advocate seeks time
to file a counter.
3.According to the factual position, the amount is available
in the Bank account of State Resources Centre. According to the
petitioner, the salary has not been provided for a considerable
period and that the salary could be paid from the deposit
available in the Bank account of State Resources Centre.
4.The learned Senior Panel Counsel for the Central
Government would submit that if this is a fund wholly belongs to
the State Resources Centre, the Central Government has no
objection to disburse the amount by way of salary. In this regard,
the State Government is directed to clarify their stand by filing a
detailed counter.
5.Post on 29.09.2026 under the caption “For Orders”. In
the meanwhile, the respondents are directed to file counter
without fail.”
5.But, on perusal of bundle, the counter statement of the State
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Government is available. On 30.09.2026, the learned Additional Advocate
General has appeared before this Court and has also accepted that there is a
salary due to the petitioners and he has also not expressed any serious objection
about the employee dues. However, would invite the attention of this Court
about Clause 8 of the bylaws. According to Clause 8, not more than 25% of the
fund generated in a year may be utilised towards the State Resource Centre staff
welfare activities that may include the retirement benefits and therefore,
expressed their concern, and would submit that only 25% of the available
amount could be drawn, even if this Court directs to disburse the salary out of
the deposit.
6.It is relevant to mention that as per the directions of this Court vide
order dated 07.09.2023, the Secretary, School Education Department has filed
an affidavit, wherein he has stated about the availability of the funds. For ready
reference, paragraph 8 of the affidavit is extracted hereunder:-
Table-1
S.No. Saving Bank Account
Date of
Opening
Purpose of
Bank Balance as on
No.
opening
27.09.2023
1. 0942101014168 13.08.94 To operate the
funds (Grant-in-
Rs.14,45,379
aid) of
Government of
India
Canara
2. 0942101014948 19.06.95 Income derived
from resources,
Rs.62,545
Bank
Kasturba
other than the
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GoI fund Nagar,
Adyar,
3. 0942101021354 14.10.2000 Income derived
Chennai-20
from the special
Rs.37,96,895
projects
Total Rs.53,04,819
Table-2
S.No. Fixed deposit
Receipt No/Bank
Date of
deposit
Purpose of
Amount Renewal
Maturity
Deposit
date
Date
1. 0120200926769
Tamil Nadu Power
22.09.2016 As per the
Rs.2,15,53,414 23.02.2023 23.02.2024
guidelines
Finance and
infrastructure
of GoI
development
corporation limited
2. 0942401005766/13 30.11.2010 As per the
Rs.1,18,815 19.02.2023 29.08.2024
guidelines
of GoI
Total Rs.2,16,72,229
7.He has also stated that considering the serving staff of State Resource
Centre and their salary and basic expenditure, they utilised the development
fund on loan basis to settle the salary between April 2018 to September 2018
and subsequently, salary of the SRC employee was paid through the interest
derived from the deposits upto the month of October 2019. Therefore, the stand
of the petitioner that they are entitled to have a salary from November 2019 is
not seriously disputed.
th
8.In the counter affidavit of the 4 respondent, they stated that the State
Resource Centre has been established under an NGO called “Tamil Nadu Board
of Continuing Education” [hereinafter called “TNBCE”]. The above NGO was
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registered under the Societies Registration Act. He would further state that
TNBCE was dissolved under Section 44(4) of the Tamil Nadu Societies
Registration Act with effect from 23.11.2016 vide Tamil Nadu Government
Gazette No.46 dated 23.11.2016 and on winding up of dissolution, if any
amount are available, the same has to be dealt in accordance with the Rules of
the Societies Registration Act.
9.At this juncture, it is relevant to refer Section 44(4) of the Tamil Nadu
Societies Registration Act, 1975, which is extracted hereunder:-
“ 44.Removal of defunct registered societies.-
…...….
(4) At the expiration of the time mentioned in the notice referred to
in sub-section (2), or sub-section (3), the Registrar may, unless
cause to the contrary is previously shown by the registered society,
strike its name off the register and shall publish notice thereof in the
Tamil Nadu Government Gazette, and, on the publication of such
notice, the registered society shall be deemed to be dissolved:
Provided that the liablity, if any, of every officer and member
of the registered society shall continue and may be enforced as if
the registered society had not been dissolved.”
10.As per the above proviso, if there is any liability of officer and
member of the registered society, the same shall continue and may be enforced
as if the registered society had not been dissolved. As far as the claim of the
petitioner would definitely come within the proviso to Section 44(4) of the
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Societies Registration Act. Hence, the respondents 3 to 5 are directed to enforce
the power conferred under Section 44(4) of the Tamil Nadu Societies
Registration Act, 1975 and disburse the salary arrears on pro rata basis to all the
employees. The above exercise is directed to be completed within a period of
twelve(12) weeks from the date of receipt of a copy of this order.
11.Accordingly, this Writ Petition stands disposed of with the above
directions. No costs. Consequently, connected WMPs are also closed.
13-11-2026
Index: Yes
Speaking order
Neutral Citation: Yes
KMI
To
1. The Secretary to Union Government
Department of School Education and Literacy, Ministry of Education.
124-C, Shastri Bhavan, New Delhi -110 001
2. The Director General (NLMA) and
Joint Secretary (AE), Department of School Education and Literacy,
Ministry of Education, Shastri Bhavan, New Delhi-110 001.
3. the Principal Secretary to Government of Tamil nadu
Department of School Education, Fort St. George, Chennai-9.
4. The Director
Directorate of Non-formal/ Audit and Continuing Education, Government of
Tamil Nadu and Chairman, State Resources Centre for Adult Education,
DPI Compound, College Road, Nungambakkam, Chennai-06.
5. The Registrar Of Societies,
No. 170, NV Natarajan Maaligai, Periyar EVR High Road,
Poonamallee High Road, Kilpauk, Chennai – 600010.
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C.KUMARAPPAN J.
KMI
WP No. 18335 of 2022
AND
WMP Nos.10409 of 2026 & 17674 of 2022
13-11-2026
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