Madras High CourtWP/4635/2017dismissed

V.Premakumar, v. Government Of Tamil Nadu

2017-02-24Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.02.2017

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN WP.No.4635/2017 & WMP.No.4888/2017 V.Premakumari ... Petitioner

Versus

1.The Secretary Government of Tamil Nadu School Education Department Fort St. George, Chennai-9.

2.The Director of School Education Department College Road, Chennai-6.

3.The Joint Director School Educational Department [Secondary] College Road, Chennai-6.

4.The Chief Educational Officer Ariyalur, Ariyalur District.

5.The District Educational Officer Ariyalur, Ariyalur District.

6.The Headmaster Government Higher Secondary School Kizhapazhavur, Ariyalur 621707.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus calling for the records relating to the show cause notice proposing cancellation of appointment issued by the 3rd respondent in his proceedings in Na.Ka.No.76064/C3/E2/14 dated 23.01.2017 and quash the same and direct the respondents to sanction annual increments, Selection Grade Pay on completion of 10 years of service, i.e., from 01.06.2016 and other benefits. For Petitioner :

Mr.V.Krishnamurthy For Respondents:

Mr.V.Anandamoorthy AGP [Edn]

ORDER

After some arguments, the learned counsel for the petitioner seeks permission of this Court to withdraw this writ petition with a liberty to pursue the remedy administratively and also made an endorsement to that effect. The learned counsel also expresses apprehension that before considering the explanation given by the petitioner to the show cause notice, her services are likely to be dispensed with and therefore, prays for appropriate protection.

Per contra, Mr.V.Anandamoorthy, learned Additional Government Pleader [Edn] who accepts notice on behalf of the respondents, would submit that the explanation/response submitted by the petitioner to the show cause notice, will be considered in right earnest and till final orders are passed, the services of the petitioner wil not be dispensed with. In the light of the endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn. It is made clear that till the 3rd respondent considers and dispose of the proceedings pertain to the show cause notice, the services of the petitioner shall not be dispensed with. No costs. Consequently, the connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar AP To 1.The Secretary Government of Tamil Nadu School Education Department Fort St. George, Chennai-9.