Mrs.S.Juliet Jenifar, v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.921 of 2018 and W.M.P.(MD).Nos.970 & 971 of 2018 S.Juliet Jenifar ... Petitioner Vs.

1.The Government of Tamil Nadu, Represented by the Secretary, Department of School Education, Fort. St.George, Chennai-9.

2.The Director of Elementary Education, Department of Primary Education, Chennai.

3.The Chief Educational Officer, Chief Educational Office, 4.The District Elementary Educational Officer, District Elementary Educational Office, 5.The Additional Elementary Educational Officer, Assistant Elementary Educational Office, 6.The Jehova Reformation Christian Primary School, Represented by its Correspondent, Silovom nagar, Jambliampatty Post, Dindigul-624 005,

7. Raja Secondary Grade Assistant Teacher, The Jehova Reformation Christian Primary School, Silovom nagar, Jambliampatty Post, Dindigul-624 005,

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned suspension order dated 20.12.2017 on the file of the respondent No.6 and quash the same as illegal and consequently to direct the respondent no.6 to reinstate the petitioner back in service with all consequential benefits.

For Petitioner : Mr.S.Rajasekar For M/s. T.Lajapathi Roy For Respondents : Mr.J.Gunaseelan Muthiah for R1 to R5 Additional Government Pleader : Mr.K.Prabhu for R6 ****

ORDER

Heard the learned counsel on either side.

2.By consent of both the parties, the main Writ Petition is taken up for final disposal.

3.The petitioner is working as Secondary Grade Teacher in the sixth respondent school. It appears that the petitioner is having some grievance with regard to the conduct of the seventh respondent school herein. Be that as it may, the sixth respondent has chosen to suspend the petitioner by order dated 20.12.2017. On the very face of it, one can see that the said order is not consonance with Section 22 of the Tamil Nadu Private Schools Regularisation Act, 1974.

4.Mr.Prabhu, learned counsel, appearing for the sixth respondent would fairly state that the management is willing to revoke the Order of Suspension. In view of the fair submission made by the learned counsel appearing for the sixth respondent, this Court quashes the Order of Suspension dated 20.12.2017, passed by the sixth respondent herein. The matter cannot however rest there.

5.The sixth respondent through its counsel submitted that the petitioner will have to give a letter for co-operating with the school administration. The petitioner is directed to give such a letter forthwith to the school Management.

6.With this direction, the Writ Petition stands allowed. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/-

Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar'

To 1.The Secretary, Government of Tamil Nadu, Department of School Education, Fort. St.George, Chennai-9.

2.The Director of Elementary Education, Department of Primary Education, Chennai.

3.The Chief Educational Officer, Chief Educational Office, 4.The District Elementary Educational Officer, District Elementary Educational Office, 5.The Additional Elementary Educational Officer, Assistant Elementary Educational Office, +One cc to M/s.K.Prabhu, Advocate, SR.No.44959 +One cc to Mr.T.Lajapathi Roy, Advocate, SR.No.44444 tsg RL/8C/3P/SV/MMS/SAR1/22/3/2018 W.P.(MD) No.921 of 2018 25.01.2018