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Madras High CourtWP/16180/2024disposed of

R.Syamala v. The Chief Educational Officer

2025-03-05Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2025 Coram THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN W.P.No.16180 of 2024 & W.M.P.Nos.17722 & 17723 of 2024 R.Syamala ... Petitioner -Versus1.The Chief Educational Officer, O/o.The Chief Educational Officer, Nagapattinam, Nagapattinam District.

2.The Secretary, Kasthurba Gandhi Kanya Gurukulam Girls Higher Secondary School, Vedaraniam, Vedaraniam Taluk, Nagapattinam District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the order passed by the 1st respondent in Na.Ka.No.6441/B3/2023 dated 30.05.2024 and quash the same and direct the 1st respondent to issue fresh order to the petitioner for working as B.T.Assistant Tamil teacher in the same place i.e., Kasthurba Gandhi Kanya Gurukulam Girls Higher Secondary School Vedaranyam Union (Taluk), Nagapattinam District.

For Petitioner : Mr.R.Muruga Bharathi For Respondent 1 : Mrs.S.Mythreye, Special Government Pleader For Respondent 2 : Mr.C.Venkatesan

ORDER

The writ petition has been filed in the nature of a certiorarified mandamus calling for the records relating to the proceedings of the first respondent, The Chief Educational Officer, Nagapattinam dated 30.05.2024 and quash the same and direct the first respondent to issue a fresh order to the petitioner to continue to work as B.T. Assistant Tamil teacher in the second respondent school namely Kasthurba Gandhi Kanya Gurukulam Girls Higher Secondary School at Vedaranyam in Nagapattinam District.

2. In the affidavit filed in support of this writ petition, it had been stated that the petitioner had been initially appointed as B.T. Assistant Tamil Teacher on 19.03.2010 in the second respondent school. It had been stated that the appointment was also approved by the District Educational Officer and pay fixation was also done. The petitioner had been working in the second respondent school. The first respondent had however deployed the petitioner along with another Tamil teacher from the second respondent school to Thuya Sepasthiyar Higher Secondary School, Kameshwaram, Kelaiyur Union. But

however, though the petitioner joined in that particular school, the deployment was cancelled and thereafter, another proceedings were issued on 28.05.2024, based on which, the proceedings dated 30.05.2024 was issued once again directing transfer by way of deployment of service. The said order is now challenged in the writ petition.

3. I must appreciate the extremely fair stand taken by the learned Special Government Pleader on behalf of the first respondent, who stated that there is a vacancy in the B.T. Assistant Tamil teacher post in the second respondent school, consequent to the retirement of Mrs.M.Rajalakshmi, B.T. Assistant Tamil teacher on attaining the age of superannuation on 31.10.2024, and since the post of B.T. Assistant Tamil teacher had fallen in vacant, the petitioner would be accommodated in the second respondent school.

4. In view of the above, the impugned order is set aside. The petitioner may continue to work as B.T. Assistant Tamil Teacher in the second respondent, school. The writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 05.03.2025 nl Index : Yes/No

Speaking order/Non speaking order C.V.KARTHIKEYAN, J.

nl To 1.The Chief Educational Officer, O/o.The Chief Educational Officer, Nagapattinam, Nagapattinam District.

2.The Secretary, Kasthurba Gandhi Kanya Gurukulam Girls Higher Seconday School, Vedaraniam, Vedaraniam Taluk, Nagapattinam District.

05.03.2025