K.Bhavani v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.04.2018 CORAM :

THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.10778 of 2018 and W.M.P.No.12722 of 2018 1.K.Bhavani D/o C.Kannan Secondary Grade Assistant, Chennai Higher Secondary School, Koyambedu, Chennai 107.

2. G.Parameswari W/o A.Vishwanathan Secondary Grade Assistant, Chennai Higher Secondary School, Koyambedu, Chennai 107.

3. R.Ganthimathi D/o K.Ramadoss Secondary Grade Assistant, Chennai Higher Secondary School, Koyambedu, Chennai 107.

...Petitioners

Vs.

1.Government of Tamil Nadu Represented by its Principal Secretary School Education, Fort St.George, Chennai.

2. Director of School Education, College Road, Chennai.

3. The Commissioner, Chennai Corporation, Rippon Building, Chennai -3.

4. The Deputy Commissioner/Education Chennai Corporation Rippon Building, Chennai - 600 003.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd and 4th respondents to consider and pass appropriate orders on the petitioners' representation dated 02.03.2018.

For Petitioners : Ms.S.R.Sumathy For Respondents : Mr.P.Raja Government Advocate for R1 and R2 Mr.R.Arunmozhi for R3 and R4.

O R D E R

The relief sought for in this writ petition is for a direction to the 3rd and 4th respondents to consider the representation submitted by the writ petitioner on 02.03.2018 in respect of the grievances in relation to the declaration of surplus teachers.

2.It is needless to state as per the Government Orders, the teachers are declared surplus, based on the Student-Teacher's ratio as stipulated in various Government Order. Thus, the competent authorities are bound to follow the Government guidelines in this regard. The Teachers are declared surplus based on the inspection report submitted by the competent educational authorities at the time of making assessment in every academic year.

3.This being the factum of the case, this Court is of an opinion that the case of the writ petitioner deserves to be considered, based on the inspection report and based on the Students-Teacher's ratio on merits and in accordance with law. The exercise of considering the representation of the writ petitioner shall be undertaken and an order shall be passed within a period of twelve(12) weeks from the date of receipt of copy of this order. The writ petitioner is directed to enclose the copy of the representation and all other relevant documents along with the order passed in this writ petition. 4.Accordingly, the writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. However, there is no order as to costs.

msv/kak Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.Government of Tamil Nadu Represented by its Principal Secretary School Education, Fort St.George, Chennai.

2. Director of School Education, College Road, Chennai.

3. The Commissioner, Chennai Corporation, Rippon Building, Chennai -3.

4. The Deputy Commissioner/Education Chennai Corporation Rippon Building, Chennai - 600 003.

+1cc to Government Pleader sR.No.31791 +1cc to M/s.S.R.Sumathy, Advocate SR.No.31401 SSV(CO) sm:16.5.2018 W.P.No.10778 of 2018 and W.M.P.No.12722 of 2018