Madras High Court Weekly Round-Up: February 28 To March 6, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts.Citations: 2022 LiveLaw (Mad) 80 To 2022 LiveLaw (Mad) 87NOMINAL INDEXM.Muthumadasamy v. The Accountant General and another, 2022 LiveLaw (Mad) 80K. Radha v. The Chief Educational Officer & Ors., 2022 LiveLaw (Mad) 81Saratha vs Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, 2022 LiveLaw (Mad) 82Karti P.Chidambaram v. The Regional Passport Officer, 2022 LiveLaw (Mad) 83Kannan@ Mannanai Kannan & Ors. v. The State represented by Inspector of Police, 2022 LiveLaw (Mad) 84Irfan v. K.S Kumaran & Anr., 2022 LiveLaw (Mad) 85Rangarajan Narasimhan v. Additional Chief Secretary to Government & Ors, 2022 LiveLaw (Mad) 86O. Selvam & Ors v. The Commissioner of School Education & Ors & Connected Cases, 2022 LiveLaw (Mad) 871. Fundamental Duties Yet To Be Enforced In Real Spirit; Govt Must Come Out With A System With Enforceability Of Citizens' Duties: Madras High CourtCase Title: M.Muthumadasamy v. The Accountant General and anotherCitation: 2022 LiveLaw (Mad) 80In a significant observation, the Madras High Court has recently said that it is time for the Constitutional Courts to ensure that the rights and duties are enforced in an equal manner. The Court also stressed that the Government should come out with a clear system with the enforceability of duties.This assertion came from the Bench of Justice S. M. Subramaniam as it held that if a public servant contracted a second marriage during the lifetime of the first wife, then the second wife is not entitled to any service benefits, as the second marriage is void in the eye of law.In its order, the Court also underscored that enforcement of duty is an integral part of the Constitution of India and that if performance of duties won't be insisted then an imbalance would be created and which would affect the democratic principles.2. 'Fighting Only For Their Rights, Time To Emphasis On Duties': Madras HC Issues Directions To Counter Misconduct By Govt. Salaried TeachersCase Title: K. Radha v. The Chief Educational Officer & Ors.Citation: 2022 LiveLaw (Mad) 81Slamming those in the teaching community that takes private tuition classes for remuneration and do other businesses, Madurai Bench of Madras High Court has issued a slew of directions to prevent government school teachers from flouting the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and Service Rules.The court was deprecating the trend of teachers approaching the High Court even for transfer to a nearby place. The court also added that once they manage to get an interim order of stay, they continue staying in the same place for several years, which is detrimental to the rights of other employees and public administration.Justice SM Subramaniam has also observed that the Teachers Associations in the state are illegally interfering in the affairs of the Education Department. The single-judge bench of Justice S.M. Subramaniam has directed the Principal Secretary to constitute Special Teams at the District level to monitor and initiate disciplinary proceedings if teachers are involving themselves in private business/ tuition centres, other part-time employments etc.3. Act Against Govt Teachers Taking Private Tuitions & Other Businesses: Madras High CourtCase Title: K. Radha v. The Chief Educational Officer & Ors.Citation: 2022 LiveLaw (Mad) 81Slamming those government teachers who take private tuition classes for remuneration and do other businesses, Madurai Bench of Madras High Court has issued a slew of directions to prevent government school teachers from flouting the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and Service Rules."The teaching community is concentrating to satisfy their self-needs, thereby neutralizing the duties and responsibilities. They are fighting only for their rights...But, time has come now for the Courts for emphasis the duties to be performed by these Teachers and citizen in general. Rights and duties are corresponding. When a Teacher claims a right, equally the performance of duties is to be emphasised. But, the trend is that the duties are not considered as important. Such a mind-set at no circumstances, is tolerable", the bench noted.4. Transgender Persons Self-Identifying As Females Can't Be Clubbed Under Women Quota, Should Be Given Special Reservation: Madras High CourtCase Title: Saratha vs Member Secretary, Tamil Nadu Uniformed Services Recruitment BoardCitation: 2022 LiveLaw (Mad) 82The Madras High Court has held that clubbing Transgender persons who self-identified as females under the quota for women is unconstitutional. The Court also held that there can't be inter-se discrimination among transgender persons identifying themselves as "males" and "females"."The decision of Tamil Nadu Uniform Services Recruitment Board (TNUSRB) to combine the TGs, who had opted for female category, along with the vacancies reserved for Women deprives...

Madras High Court Weekly Round-Up: February 28 To March 6, 2022

Sebin James

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