Madras High CourtWP/25103/2018disposed of

Govindammal, v. The Government Of Tamil Nadu

2022-11-16Honourable Mr Justice C. Saravanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2022

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and W.M.P.No.29172 of 2018 Govindammal ... Petitioner Vs.

1. The Government of Tamil Nadu, Representd by its Secretary, School Education Department, Fort St.George, Chennai - 600 009.

2. The Director of Elementary Education, Office of the Director of Elementary Education, Nungambakkam, Chennai - 600 034.

3. The District Collector, Collectorate, Nagapattinam.

4. The District Chief Educational Officer, District Chief Educational Office, Nagapattinam.

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5. The District Educational Officer, District Educational Office, Myladuthurai.

6. The Assistant Educational Officer, Kuttalam.

7. Tmt.Padmaja ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 2, 4, 5 i.e., the Director of Elementary Education, Nungambakkam, Chennai - 600 034, The District Chief Educational Officer, Myladuthurai, to initiate Disciplinary proceedings against the 7th respondent on the basis of the online report dated 25.06.2018 and consequently award an appropriate punishment to the seventh respondent.

For Petitioner : No Appearance For Respondents :

For R1 to R6 : Mr.R.Neethi Perumal Government Advocate For R7 : Mr.B.Jawahar

ORDER

There is no representation on behalf of the petitioner. The learned counsel for the seventh respondent would submit that the writ petition is without merits and that the petitioner lacks locus standi to file this writ petition.

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2. It is submitted that the petitioner was formerly working as a Noon Meal Worker at the Panchayat Union, Elementary School, Maruttur, wherein the seventh respondent is the Head Mistress of the Elementary School.

3. It is submitted that there were complaints given against the petitioner by the seventh respondent in respect of the quality of food served to the students under the Noon Meal Scheme.

4. It is submitted that the petitioner has retired from service in the year 2016 and that the petitioner's daughter Puvaneswari was selected and appointed to the post of Noon Meal Organizer.

5. It is further submitted that the seventh respondent was harassing the petitioner's daughter and therefore, the petitioner gave a complaint to the official respondent to look into the matter and take appropriate action against the seventh respondent.

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6. When the case was taken up for hearing, the learned counsel for the fifth respondent submits that not only the petitioner but also several others have given complaints against the seventh respondent and that an "Enquiry Officer" was appointed to enquire into the complaints and that a report has also been given to the District Educational Officer, Mayiladuthurai (previously Nagapattinam).

7. It is submitted that though the report has been submitted, no action has been taken, in view of the intervening elections. Considering the fact that the petitioner's complaint has been redressed adequately in favour of the petitioner in the enquiry, as has been stated by the official respondent, I do not find any merits in keeping this writ petition pending.

8. Further, suffice it to state that the remedy sought for by the petitioner already worked out during the pendency of the present writ petition. The fifth respondent, District Educational Officer, Mayiladuthurai, (previously Nagapattinam) may therefore complete the enquiry and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. Page No. 4 of 6

9. Needless to state, the seventh respondent shall be heard, if any adverse orders are proposed to be passed against the seventh respondent.

10. In view of the above, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 16.11.2022 Index : Yes/ No Internet : Yes/No rgm Page No. 5 of 6

C.SARAVANAN, J.

rgm To

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