Chithra.S v. The Chief Education Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Chithra ... Petitioner Vs.

1.The Chief Education Officer, 2.The District Education Officer, 3.The Headmaster (Incharge), Jamindhar Street High School, 4.Venkatesan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st and 2nd respondent to get the Service Register and Education Certificates of the petitioner from the 3rd respondent's custody and in turn issue the True copy of S.R.Register to the petitioner by considering the petitioner's representation, dated 30.01.2024.

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For Petitioner : Mr.F.Deepak For R1 - R3 : Mr.M.Sarangan Additional Government Pleader

ORDER

The present writ petition has been filed seeking direction to the 1st and 2nd respondent to get the Service Register and Education Certificates of the petitioner from the 3rd respondent's custody and in turn issue the True copy of S.R.Register to the petitioner by considering the petitioner's representation, dated 30.01.2024.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was appointed as a Secondary Grade Teacher on 30.11.1987 in the 3rd respondent school. The 3rd respondent school is an aided minority school. After the demise of the then Correspondent, the 4th respondent who is the son of the then Correspondent became the Correspondent of the 3rd respondent school. The Service Register of the petitioner is under the custody of the 4th respondent in the 3rd respondent school. The 4th respondent on coming to the position of the Correspondent, has faced criminal charges, for which he 2/6

was remanded to judicial custody. Thereafter, he has been enlarged on bail and now he has taken the charge of the Correspondent of the 3rd respondent school again. In the meanwhile, the school was brought under the direct payment of the 1st respondent. The Service Register of all the teaching and non-teaching staffs of the 3rd respondent school is under the custody of the 4th respondent. In view of the commotion of the 3rd respondent school, all the teaching and nonteaching staffs have already been deployed to the needy schools. However, still the Service Register of all the staffs who worked in the 3rd respondent school is under the custody of the 4th respondent and he is of no avail thereby returning the same to the respective teaching and non-teaching staffts. Hence, the petitioner had made a representation on 30.01.2024 to the 1st and 2nd respondents to take necessary steps to get the Service Register and educational certificates of the staffs from the 4th respondent.

4. The learned Additional Government Pleader appearing for the official respondents on instructions submitted that already the 1st respondent has taken necessary action to get the Service Register of the teaching and non-teaching staffs who worked in the 3rd respondent school from the 4th respondent and the said exercise could be completed within a period of 3 months. 3/6

5. In view of the same, this Court direct the 1st respondent to take necessary steps considering the petitioner's representation, dated 30.01.2024 and pass appropriate orders in restoring the Service Register back to the petitioner within a period of twelve (12) weeks from the date of receipt of copy of this order.

6. With the above said observations, this Writ Petition stands disposed of. No costs.

11.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Chief Education Officer, 2.The District Education Officer, 4/6

3.The Headmaster (Incharge), Jamindhar Street High School, 5/6

L.VICTORIA GOWRI, J.

gbg 11.03.2024 6/6