Madras High CourtWP(MD)/3233/2012disposed of

R.Padmanabhan v. The Director Of Elementary

2019-08-02Honourable Mr Justice S.M. Subramaniam2 pages

W.P.[MD]No.3233/12 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2019

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P[MD]No.3233 of 2012 and M.P.[MD]Nos.1 to 3 of 2012 R.Padmanabhan : Petitioner Vs.

1.The Director of Elementary Education, Office of the Director of Elementary Education, College Road, Chennai - 600 006.

2.The District Elementary Educational Officer, Office of the District Elementary Educational, Officer, Virudhunagar District.

3.The Additional Assistant Elementary Educational Officer, Sivakasi Union, Virudhunagar District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of reversion passed by the second respondent in Na.Ka.No.3314/Aa4/2011 dated 17.09.2011 and quash the same and consequently direct the respondents herein to restore the petitioner to the post of B.T.Assistant (English) in any of the vacancies Sivakasi Union at Panchayat Union Middle School at Vellaiyapuram, Oorampatti, Vadapatti, Sanarpatti, Goundampatti and Kuppanapuram, Virudhunagar District, without any delay.

For Petitioner : Mr.K.Appadurai For Respondents : Mrs.S.Srimathy Special Government Pleader

O R D E R

The order of reversion was issued in proceedings dated 17.09.2011, reverting the writ petitioner from B.T.Assistant (English) to Secondary Grade Teacher. The reason stated in the impugned order of reversion is that during the relevant point of time, in the year 2011, the post of B.T.Assistant was not vacant. https://hcservices.ecourts.gov.in/hcservices/ 1/5

W.P.[MD]No.3233/12 2.The writ petitioner was promoted to the post of B.T.Assistant on 20.05.2010. However, he was unable to be accommodated on account of want of vacancy. The school was also upgraded as High School. However, the impugned order of reversion was passed in the year 2011 and the case of the writ petitioner is to be considered and re-posted to the post of B.T.Assistant, whenever the vacancy arises as per the seniority. 3.It is made clear that the writ petitioner is to be considered in accordance with the Rules and as per the seniority for re-posting to the post of B.T.Assistant (English). 4.With these directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar(CS) MR To 1.The Director of Elementary Education, Office of the Director of Elementary Education, College Road, Chennai - 600 006.

2.The District Elementary Educational Officer, Office of the District Elementary Educational, Officer, Virudhunagar District.

3.The Additional Assistant Elementary Educational Officer, Sivakasi Union, Virudhunagar District.

+1CC TO MR.K.APPADURAI, Advocate Sr. No.79521 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.79669 W.P[MD]No.3233 of 2012 02.08.2019 SSS(CO) TR (28.08.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/5