Madras High CourtWP(MD)/1828/2020disposed of

T.Manian v. The Director Of Elementary Education

2023-02-27Honourable Mr Justice M.Dhandapani7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) Nos.1828, 1829, 1831, 2028 and 2031 of 2020 and WMP(MD) Nos.3782, 1543, 3777, 1544, 3768, 1545, 1692, 3779, 1693 & T.Manian ... Petitioner in W.P.No.1828/2020 R.Savithiri ... Petitioner in W.P.No.1829/2020 B.Kalaiselvi ... Petitioner in W.P.No.2028/2020 V.Tamizhselvi ... Petitioner in W.P.No.2031/2020 -vs1.The Director of Elementary Education DPI Campus, College Road, Chennai 600 006.

2.The Joint Director (Administration) Directorate of Elementary Education, DPI Campus, College Road, Chennai 6 3.The Chief Educational Officer, O/o. The Chief Educational Officer, Pudukottai District.

4.The District Educational Officer, O/o.the District Educational Officer, Aranthangi Pudukottai District.

5.The Block Educational Officer, O/o.the Block Educational Officer, Thiruvarangam Union, Pudukottai District.

... Respondents in all W.Ps.

6.G.Arangulavan 7.N.Latha 8.Ku.Dravidaselvam ... Respondents in W.P.No.1828/2020 (R6 was impleaded vide order of this Court dated 26.02.2021 in WMP No.3434/2021) (R7&R8 were suo motu impleaded as per order of this Court dated 25.11.2021) 6.E.Paulraj ... 6th respondent in W.P.No.1829/2020

(R6 is impleaded vide order dated 25.08.2021 in WMP No.2990/2021 in WP No.1829/2020) 6.N.Latha 7.Ku.Dravidaselvam ... Respondents in W.P.Nos.2028&2031 /2020 (R6 & R7 were suo motu impleaded vide order of this Court dated 25.11.2021 in WP Nos.2028/2020) Prayer:- Petitions filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No.5685/A4/2019 dated 24.01.2020 on the file of the respondent No.4 and the consequential impugned order in Na.Ka.No.2732/A1/2019 dated 24.01.2020 on the file of the respondent No.5 and quash the same as illegal and consequently for a direction forbearing the respondents from reverting the petitioners from the post of Middle school Headmaster to the post of BT Assistant. For Petitioners : Mr.T.Aswin Raja Simman For Respondents : Mr.R.Baskaran Additional Advocate General assisted by Mr.J.Ashok for R1 to R5 Additional Government Pleader Mr.S.Wilson for R6 (WP Nos.1828&1829)

No appearance for R7&R8 COMMON ORDER Challenging the impugned order of reversion made the fourth respondent and for a consequential direction to forbear the respondents from reverting the petitioners from the post of Middle school Headmaster to the post of BT Assistant, the petitioners are before this Court.

2. The learned counsel for the petitioners would submit that the petitioners were initially appointed as Secondary Grade Teacher and thereafter promoted as BT Assistant and again promoted as Middle School Headmaster. However, they were reverted back from the post of Middle School Headmaster to BT Assistant without issuing any notice. He would further submit that without following principles of natural justice and without being an opportunity of being heard, the petitioners were reverted back and hence, prays for interference. He would further contend that there was a confusion with regard to fixation of seniority list. The list was not prepared in terms of the Rules and the clarification letter was issued by the

Director of School Education and in view of the above, he prays for interference.

3.Heard the learned counsel for the petitioners and the learned Additional Advocate General appearing for the respondents 1 to 5.

4. It is the case of the petitioner that contrary to the proceedings, the impugned order is passed and is in violation of due procedures. However, the learned Additional Advocate General appearing on behalf of the respondents brought to the notice of this Court that there was an error with regard to fixation of seniority. Hence, he submitted that this Court may set aside the impugned order and remand the matter back to the first respondent for fresh orders.

5. In view of the above submission made by the learned Additional Advocate General, the impugned order is set aside and the matter is remanded back to the first respondent for fresh orders. The first respondent is directed to pass orders afresh, after hearing the petitioners as

well as the aggrieved persons, if any. No costs. Consequently connected Miscellaneous Petitions are closed.

27.02.2023 NCC : Yes/No Index : Yes/No RR To 1.The Director of Elementary Education DPI Campus, College Road, Chennai 600 006.

4.The District Educational Officer, O/o.the District Educational Officer, Aranthangi Pudukottai District.

5.The Block Educational Officer, O/o.the Block Educational Officer, Thiruvarangam Union, Pudukottai District.

M.DHANDAPANI, J.

RR W.P.(MD) Nos.1828, 1829, 1831, 2028 and 2031 of 2020 27.02.2023