P.Syed Sultan Bibi v. Joint Director Of Primary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 21.02.2019
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH Writ Petition No.347 of 2017 and WMP. Nos.392 & 10673 of 2017 1.B.Syed Sultan Bibi 2.A.Cyril Agnes Mary ... Petitioners -vs1. Joint Director of Primary School Eduction, Chennai 600 006.
2. District School Education Officer, Tiruvallur.
3. Director of School Education, Chennai - 600 006.
4. Additional Assistant Primary School Education, Officer, Chennai, Puzhal.
5. Kalaignar Muthu Krishna Financial Aided School, Puzhal Union, Tiruvetriyur, Chennai -19.
.. Respondents PETITION filed under Article 226 of The Constitution of India praying for the issuance of Writ of Certiorarified Mandamus to call for the records of the proceedings made in Na.Ka.No.2215/A4/2016 dated 12.12.2016 and consequential proceedings made in Na.No.819/A1.4/2016 dated 23.12.2016 and quash the same and to restore them in the same school till the academic year with continuity of service on paying their due salary as this Court.
For Petitioners : Mr.K.Selvaraj For Respondents : Mr.P.Raja, Government Advocate for R1 to 4 No appearance for R5
O R D E R
This writ petition has been filed by teachers seeking a direction to respondents 1 to 4 to accommodate them in any Government Primary School with immediate effect and praying for a Certiorarified Mandamus calling for proceedings No.Na.Ka.No.2215/A4/2016 dated 12.12.2016 and consequential proceedings Na.No.819/A4/2016 dated 23.12.2016 and quashing them and directing a restoration of their service in the same school with continuity of service and pension benefits.
2. When the matter came up for hearing on 18.02.2019, Mr.Raja, learned Government Advocate was directed to ascertain whether there are existing vacancies in any other schools where the two petitioners could be accommodated. Today i.e., 21.02.2019 a memo is filed by the learned counsel for the official respondents stating that there are two vacancies in the category of Secondary Grade Teacher that are available in Deivasigamani Middle School, Tiruvottiyur.
3. Learned counsel on behalf of the petitioner confirms that the petitioners are ready and willing to joint service immediately from 01.03.2019. The petitioners are thus, directed to be accommodated in the Deivasigamani Middle School, Tiruvottiyur from 1st of March 2019. Continuity of service as prayed for, will be provided for the interim period.
4. With the aforesaid submissions and in the light of memo dated 21.02.2019, this writ petition is allowed. Consequently, connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rkp To
1. Joint Director of Primary School Eduction, Chennai 600 006.
2. District School Education Officer, Tiruvallur.
3. Director of School Education, Chennai - 600 006.
4. Additional Assistant Primary School Education, Officer, Chennai, Puzhal.
+2cc to Mr.K.Selvaraj, Advocate, S.R.No.15984 +1cc to the Government Pleader, S.R.No.16630 Writ Petition No.347 of 2017 and WMP.Nos.392 & 10673 of 2017 PVS(CO) CS/26/02/2019