The Director Of Elementary Education v. S.Manimegalai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Twenty Ninth day of April Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE R.VIJAYAKUMAR in WP(MD)No.3882 of 2024
1. The Director of Elementary Education, DPI Campus, College Road, Nungambakkam, Chennai - 600 034.
2. The Chief Educational Officer, Ramanathapuram - 623 501,
3. The District Elementary Educational Officer, Paramakkudi - 623 707.
4. The Block Educational Officer, Kadaladi - 623 120,
5. The Superintendent, The Office of District Elementary Educational Officer, Paramakudi - 623 707, ... Petitioners/Respondents 1- 5 Vs 1 S.Manimegalai 1/7
2 Ramachandran, The Superintendent, The Office of District, Elementary Educational Officer, Paramakudi - 623707 3 The Secretary, Hindu Nadar Middle School, Kokkarasankottai, Kadaladi, ... Respondents 2 & 3/Respondents 6 & 7 Prayer in WMP(MD). 1413/ 2025 :
Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India, praying this Court to clarify the clause 11 (iv) of order dated 21.10.2024 passed in W.P.(MD).No.3882 of 2024 and pass such other or further orders as this Hon'ble Court may deem fit and proper in the fact and circumstances of the case and thus render justice.
Prayer in WP(MD). 3882/ 2024 :
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned proceeding issued by the 3rd respondent DEEO in Na.Ka.No. 7082 / Aa4/ 2022 dated 07.02.2024 (demoting the petitioner as Secondary Grade Teacher by way of deployment transfer) and the consequential proceedings issued by the 4th respondent DEO in Na.Ka.No. 570/A3/2019 dated 08.02.2024 (relieving the petitioner from service), quash the same in so far as the petitioner is concerned, and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. 2/7
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.J.Ashok, Additional government Pleader, for the Petitioners and of Mr.P.Muthuvel, Advocate for the 1st respondent and of Mr.D.Balamurugapandi, Advocate for the 2nd Respondent and of Mr.P.Sujai Krishna, Advocate for the 3rd Respondent , this Court made the following order: "The respondents 1 to 5 in WP(MD)No.3882 of 2024, have filed the present petition seeking clarification of the order passed by this Court on 21.10.2024. 2.A perusal of the order passed by this Court reveals that in clause (iv) in Paragraph No.11 of the said order, the Court has directed the authorities to post the writ petitioner as a primary School Head Master in any other aided School or in the Government School in the nearby District and preference shall be given to the petitioner.
3.The present clarification application has been filed by the educational authorities contending that the petitioner being initially appointed in an aided School, she can never be accommodated in a Government School. Hence, they want clarification of clause (iv) in Paragraph No.11 of the order. 4.A perusal of the service records of the writ petitioner reveal that the 3/7
petitioner was initially working as a Headmistress of an aided School and the said school was closed. The authorities have deputed the writ petitioner to a Government School as a Second Grade Teacher. Though she was discharging the duties as a Secondary Grade Teacher, she was receiving the salary of a Headmistress for nearly five years. Therafter, the petitioner has been posted to an aided school. Now, according to the learned Counsel appearing for the writ petitioner, vacancies are available in the post of Headmistress in 13 Primary Schools in the same union and she wants herself to be appointed to the said post. 5.Considering the fact that the petitioner could be accommodated in a Government School only on deputation basis (and not on permanent basis), this Court is inclined to pass the following orders:- a) The authorities are directed to accommodate the petitioner in any available vacancy in the post of Headmistress in any one of the Government Schools in Kadaladi Union, Ramanathapuram District.
b) It is made clear that the petitioner can continue in a Government School only till vacancy arises in the post of Headmistress in any other aided school in the district of Ramanathapuram; and c) If there are no vacancies in the post of Headmistress in any Government School or aided School, the petitioner shall be posted as a Secondary Grade Teacher 4/7
in any other aided school in Kadaladi Union.
6.With the above said observations, Writ Miscellaneous Petition stands closed."
Sd/- Assistant Registrar (CO) // True Copy // / /2025 Sub Assistant Registrar (CS-I/II/III/IV) RJR TO
1. The Director of Elementary Education, DPI Campus, College Road, Nungambakkam, Chennai - 600 034.
2.The Chief Educational Officer, Ramanathapuram - 623 501, 3.The District Elementary Educational Officer, Paramakkudi - 623 707.
4.The Block Educational Officer, Kadaladi - 623 120, 5.The Superintendent, The Office of District Elementary Educational Officer, Paramakudi - 623 707, 5/7
6/7
ORDER DATED : 29/04/2025 ==========================
ORDER
========================== in WP(MD)No.3882 of 2024 Giving direction and etc.
as stated within.
SL(05.06.2025)/7P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 7/7