Lady Sivaswami Ayyar Girls Higher Secondary School v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 7176 of 2023 Lady Sivaswamy Ayyar Girls' Higher Secondary School Old No. 26, East Mada Street Mylapore, Chennai - 600 004 Rep. by its Secretary M.C.Srikanth S/o.Thiru Madoor Comondur Ranganathan ... Petitioner -vs1. The State of Tamil Nadu Rep. by its Principal Secretary to Government School Education Department Fort St. George, Secretariat Chennai - 600 009.

2. The Commissioner Directorate of School Education DPI Campus, College Road Chennai - 600 006.

3. The Chief Educational Officer Chennai District Presidency Girls Higher Secondary School Campus Egmore, Chennai - 600 008.

4. The District Educational Officer Chennai South District Modern Government Hr. Sec. School Compound Saidapet, Chennai - 600 015.

... Respondents 1/5

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Respondents from passing orders for deputation or deployment of non-teaching staffs working in the Petitioner school within the sanctioned post in accordance with the prerevised scale prior to G.O. Ms. NO. 238, School Education Department dated 13.11.2018 till their retirement or termination of service by other means, in consideration of the representation submitted by the Petitioner School dated 13.02.2023.

For Petitioner :

Mr. G.Sankaran Senior Counsel For Mr. S.Neduchezhiyan For Respondents :

Mrs. R.Anitha Special Government Pleader

O R D E R

Heard Mr. G.Sankaran, Learned Senior Counsel assisted By Mr. S.Neduchezhiyan, Learned Counsel for the Petitioner and Mrs. R.Anitha, Learned Special Government Pleader, who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Third Respondent has filed a memo dated 13.03.2023 stating as follows:- "1.

It is humbly submitted that the above Writ Petition has been filed by the Petitioner to issue a Writ of Mandamus 2/5

forbearing the Respondents from passing orders for deputation or deployment of non-teaching staff working in the Petitioner School within the sanctioned post in accordance with the prerevised scale prior to G.O.Ms. No. 238, School Education Department, dated 13.11.2018 till their retirement or termination of service by other means, in the consideration of the representation submitted by the Petitioner School dated 13.02.2023. The Chief Educational Officer's deputation orders cancelled on 09.02.2023.

2.

It is submitted that this office had cancelled the earlier orders passed by this office on 09.02.2023 and the orders are enclosed herewith.

In the above circumstances it is respectfully prayed that this Hon'ble Court may be pleased to take this memo along with order on record and pass necessary orders."

In such circumstances, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition and he has made an endorsement to that effect.

In fine, Writ Petition is dismissed as withdrawn. Consequently, the connected Miscellaneous Petition is closed. No costs. 15.03.2023 Maya Index: Yes/No Note: Issue order copy by 18.04.2023.

3/5

To

1. The Principal Secretary to Government of Tamil Nadu School Education Department Fort St. George, Secretariat Chennai - 600 009.

2. The Commissioner Directorate of School Education DPI Campus, College Road Chennai - 600 006.

3. The Chief Educational Officer Chennai District Presidency Girls Higher Secondary School Campus Egmore, Chennai - 600 008.

4. The District Educational Officer Chennai South District Modern Government Hr. Sec. School Compound Saidapet, Chennai - 600 015.

4/5

P.D. AUDIKESAVALU, J.

Maya 15.03.2023 5/5