Syed Zuleika v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition No.10347 of 2017 and W.M.P.No.11272 of 2017 Mrs.Syed Zuleika ... Petitioner vs

1. Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.

2. Director of Matriculation School, Chennai - 600 006.

3. MEASI Matriculation Higher, Secondary School, rep. its Honorary Secretary and Correspondent, No.113, Angappa Naicken Street, Chennai - 600 001.

... Respondents Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus to direct the 3rd respondent Management to reinstate the petitioner as Vice Principal in their school pursuant to the order passed by 2nd respondent dated 29.09.2016, which was subsequently confirmed by the order dated 09.03.2017 passed by the 1st respondent and also direct the 3rd respondent to pay the back-wages from the date of 03.06.2016. For Petitioner : Mr.M.Devendran for RR1 & 2 : Mr.P.Sanjai Gandhi, Additional Government Pleader

O R D E R

The petitioner was appointed as Vice- Principal in the third respondent school on 29.06.2011. While she was serving in the said post, the Principal namely Prof. Nazar Khan, of the third respondent school resigned on 10.05.2014 and the petitioner was appointed as the Principal-in-charge by the letter issued by the third respondent dated 10.05.2014.

However, the said Prof. Nazar Khan was again reinstated on 10.07.2014. In the mean while, the petitioner was relieved (terminated) on 03.06.2016. Aggrieved by the termination order, she had preferred an appeal before the second respondent under Rule 22A of Code of Regulations for Matriculation Schools. The second respondent by the order dated 29.09.2016, set aside the order of termination. Thereafter, the said order dated 29.09.2016 passed by the second respondent was also confirmed by the first respondent. Thereupon, the petitioner has given a representation dated 16.03.2017 to the third respondent to reinstate her in service with the benefit of back wages. The same has not been considered, therefore, the petitioner has come to this court seeking Writ of Mandamus to direct the third respondent Management to reinstate her as Vice Principal pursuant to the order passed by the second respondent dated 29.09.2016 and subsequently confirmed by the order of the first respondent dated 09.03.2017.

2.Mr.P.Sanjay Gandhi, learned Additional Government Pleader, taking notice on behalf of the first and second respondents sought four weeks time to consider the petitioner's representation dated 16.03.2017.

3. In view of the above, this Court directs the third respondent to consider the petitioner's representation dated 16.03.2017, in the light of the orders passed by the first and second respondents dated 09.03.2017 & 29.09.2016 and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. 4.Accordingly, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.

-s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To

1. Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.

2. Director of Matriculation School, Chennai - 600 006.

+1 CC to M/s. M. Devendran, Advocate sr 26293 +1 CC to Govt. Pleader sr 36551 W.P No.10347 of 2017 and W.M.P.No.11272 of 2017 NRI(CO) sp/12/5