I.Sampath Israeal, v. The Principal,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.06.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.Nos.20836 of 2011 and 258 of 2012 I.Sampath Israeal .. Petitioner in W.P.No.20836 of 2011 S.Suguna Sampath .. Petitioner in W.P.No.258 of 2012 Vs.
1.
The Principal Seventh Day Adventists Matric Higher Secondary School Valliammal Street Veppery, Chennai-600 007.
2.
The Executive Secretary Board of Education South East India Union of Seventh Day Adventists 197, G.S.T. Road Vandalur, Chennai-600 048.
3.
The Assistant Educational Officer Egmore, Chennai-600 008.
4.
The District Educational Officer Saidapet, Chennai-15.
.. Respondents in both WPs.
Prayer in WP.No.20836 of 2011 and 258 of 2012 :- Writ Petitions are filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus calling for the records relevant to the order in Transfer Order dated 13.07.2011 served on the petitioners on 09.08.2011 passed by the 2nd respondent and quash the same as illegal, improper, unreasonable, arbitrary against the rule of law and natural justice and thereby, direct the respondents to
retain the petitioners as Headmaster-cum-Principal at S.D.A. Hr. Secondary School, Valliammal Street, Veppery, Chennai-600 007. In both WPs.
For Petitioners : Mr.B.Gopalakrishnan For R1 & R2 : Ms.Glady Daniel For R3 & R4 : Mr.P.Raja, Govt. Advocate C O M M O N O R D E R The present two writ petitions are filed challenging the order of transfer of the petitioners from the first respondent school.
2.When the matter is taken up for hearing, the learned counsel appearing for the respondents 1 and 2 filed an affidavit sworn in by the 1st respondent stating that the petitioner in W.P.No.20836 of 2011 is retired on attaining the age of superannuation and is no longer in service of respondents 1 and
2. In the affidavit filed in W.P.No.258 of 2012, it is stated that the petitioner left the service of the organisation on her own volition and she is no longer in service of respondents 1 and 2. The learned counsel for the petitioner did not dispute the statements made in the affidavits.
3.Recording the statements made in the affidavits, both the writ petitions are dismissed. No costs.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kj To 1.
The Principal Seventh Day Adventists Matric Higher Secondary School Valliammal Street Veppery, Chennai-600 007.
2.
The Executive Secretary Board of Education South East India Union of Seventh Day Adventists 197, G.S.T. Road Vandalur, Chennai-600 048.
3.
The Assistant Educational Officer Egmore, Chennai-600 008.
4.
The District Educational Officer Saidapet, Chennai-15.
W.P.Nos.20836 of 2011 and 258 of 2012 PP(CO) CS/28/08/2019