Madras High CourtWP/5395/2021disposed of

Mrs. D.Gajalakshmi v. The Director Of Elementary Education

2021-03-08Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.03.2021

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.5395 of 2021 and W.M.P.Nos.5992 & 5993 of 2021 (Heard through VC) D.Gajalakshmi .. Petitioner -vs1.The Director of Elementary Education, DPI Campus, College Road, Nungambakkam, Chennai - 600 006.

2.The Chief Educational Officer, Nagapattinam, Nagapattinam District.

3.The District Educational Officer, Nagapattinam, Nagapattinam District.

4.The Block Educational Officer, Vedaranyam, Vedaranyam Taluk, Nagapattinam District.

5.K.Vasantha The Secretary, Vinayagar Aided Elementary School, Pandarathankadu, Pushpavanam Post, Vedaranyam Taluk, Nagapattinam District. .. Respondents Prayer: Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order of the 5th respondent in Na.Ka.No.15/2021 dated 04.02.2021 and quash the same and consequently direct the 2nd and 5th respondent to allow the petitioner in service of the 5th respondent school. For Petitioner : Mr.Consciour Ilango for Mr.V.Kasinatha Bharathi

For Respondents-1 to 4 :Mr.P.Raja Government Advocate For Respondent-5 :Mr.S.N.Ravichandran

ORDER

The petitioner has come up with this writ petition challenging the impugned order of the 5th respondent in Na.Ka.No.15/2021 dated 04.02.2021 and for a consequential direction to the 2nd and 5th respondents to allow her in service of the 5th respondent school.

2. Mr.P.Raja, learned Government Advocate takes notice on behalf of the respondent Nos.1 to 4. Mr.S.N.Ravichandran, learned counsel takes notice on behalf of the respondent No.5.

3. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 4.

When the matter is taken up for hearing, Mr.S.N.Ravichandran, learned counsel appearing for the fifth respondent-Management would submit that he advised the fifth respondent-Management that the order dated 04.02.2021 is illegal and needs to be re-called without prejudice to their rights and proceed departmentally. The fifth respondent-Management has accepted his advice and withdrawn the order dated 04.02.2021 and the petitioner is allowed to continue in work and that the fifth respondent-Management is contemplating departmental action against the petitioner.

5. In view of the submission of the learned counsel for the fifth respondent-Management and that the order dated 04.02.2021 has been withdrawn and the petitioner is continue in service no further orders are required in this writ petition. It is open to the fifth respondent-Management to proceed with the departmental proceedings, which shall go on day to-day basis without adjourning the matter beyond three working days at any point of time, so that the matter would be brought to the logical end.

6. Accordingly, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

rsi To 1.The Director of Elementary Education, DPI Campus, College Road, Nungambakkam, Chennai - 600 006.

2.The Chief Educational Officer, Nagapattinam, Nagapattinam District.

3.The District Educational Officer, Nagapattinam, Nagapattinam District.

4.The Block Educational Officer, Vedaranyam, Vedaranyam Taluk, Nagapattinam District.

+1 cc to M/s.V.Kasinatha Bharathi, Advocate, SR.No.14617 +1 cc to M/s.S.N.Ravichandran, Advocate, SR.No.14523 +1 cc to Government Pleader, SR.No.14854 W.P.No.5395 of 2021 and W.M.P.Nos.5992 & 5993 of 2021 PL(CO) NS(07/05/2021)