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Madras High CourtWP(MD)/2307/2025disposed of

M.Joseph v. The Director Of Elementary Education

2025-01-28Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM:

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR and WMP(MD).No.1647 of 2025 M.Joseph ... Petitioner Vs.

1.The Director of Elementary Education College Road Nungampakkam Chennai 600 006 2.The District Educational Officer (Elementary Education) Sivagangai District Sivagangai 3.The Block Education Officer (Elementary Education) Kalaiyarkovil Panchayat Union Kalaiyarkovil Sivagangai District .....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to permanently absorb the petitioner in the post of Headmaster, Kayaodai Panchayat Union Elementary

School, Kalaiyarkovil Union, Sivagangai District and permit him to continue his service till his superannuation on 30.04.2026. For Petitioner : Mr.V.Panneerselvam For M/s.D.Muruganantham For Respondents : Mr.T.Amjadkhan Government advocate

ORDER

The present writ petition has been filed by a Primary School Headmaster seeking a mandamus to permanently absorb him in the post of Headmaster, Kayaodai Panchayat Union Elementary School, Kalaiyarkovil Union, Sivagangai District and permit him to continue his service till his superannuation. 2.A perusal of the records reveal that the petitioner was initially appointed as Headmaster of Panchayat Union Elementary School, Sundankurichi. In view of reduction in the students' strength, the said School was closed and the petitioner was deputed to Panchayat Union Primary School, Kayaodai by way of proceedings dated 11.11.2024.

3.According to the learned counsel for the petitioner, unless the petitioner is permanently absorbed as Headmaster to the Panchayat Union Primary School at Kayaodi, there is every likelihood for him being disturbed. Hence, the present writ petition has been filed seeking to permanely absorb him as Headmaster of Kayaodai School.

4.The learned Government Advocate appearing for the respondents, on instructions, submits that the petitioner's request was rejected by way of an order dated 28.11.2024 wherein the petitioner was directed to apply for transfer counselling. It is brought to the notice of the Court that there are only 24 students in Kayaodai School. On instructions, the learned Government Advocate further submits that as long as the School is functioning, the petitioner can be permitted to work as an Headmaster of the said School.

5.In view of the above said deliberations, the respondents are directed to permit the petitioner to continue his services in the Kayaodai Panchayat Union Elementary School as long as the said School is functioning.

6.With the above said observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 28.01.2025 Index : Yes/No Internet : Yes/No NCC:

: Yes/No msa To 1.The Director of Elementary Education College Road Nungampakkam Chennai 600 006 2.The District Educational Officer (Elementary Education) Sivagangai District Sivagangai 3.The Block Education Officer (Elementary Education) Kalaiyarkovil Panchayat Union Kalaiyarkovil Sivagangai District

R.VIJAYAKUMAR, J.

msa and WMP(MD).No.1647 of 2025 28.01.2025