R.Vairalmoorthy v. The Director Of Elementary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.(MD) No.10003 of 2018 R.Vairamoorthy ... Petitioner vs.

1.The Director of Elementary Education, College Road, Chennai-6.

2.The District Elementary Educational Officer, Karur, Karur District.

3.The Additional Assistant Elementary Educational Officer, Kadavoor Union, Karur District.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent herein to revert the petitioner as Elementary School Headmaster from the post of Middle School Headmaster as per the G.O. (Ms)No.173 dated 15.3.1988 and the guidelines proceedings issued by the first respondent herein in Na.Ka.No.5939/ET1/2001 dated 15.11.2001 by considering the representation dated 5.4.2018 of the petitioner herein on merits and in accordance with law. For Petitioner :

Mr.T.Pon Ramkumar For Respondents :

Mrs.S.Srimathy Special Government Pleader

O R D E R

Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents, who takes notice for the respondents.

2.The petitioner seeks for a direction upon the second respondent to revert the petitioner as Elementary School Headmaster from the post of Middle School Headmaster.

3.The learned counsel for the petitioner has referred G.O.Ms.No.173, Personnel and Administrative Reforms Department dated 15.03.1988 and G.O.Ms.No.494, Personnel and Administrative Reforms Department dated 20.09.1988 and submitted that under the said Government Orders, guidelines have been laid down for considering https://hcservices.ecourts.gov.in/hcservices/

such request. As such the request made by the Teacher for being reverted may be considered after obtaining willingness of the Teacher.

4. The petitioner would submit that during 2017, he made a request and the same was negatived by the second respondent without referring to the guidelines framed by the Government. For the present year, the petitioner has submitted a representation on 05.04.2018 through proper channel, which is pending. 5.The learned counsel would draw the attention of this Court to the information obtained under Right to Information Act and it is submitted that in Kadavoor Union, Karur District, the said guidelines has been followed. Since the writ petition is taken up for final disposal at the admission stage itself, this Court has not expressed opinion on the claims made by the petitioner, however by taking into all the facts and the representation dated 05.04.2018 is pending, the second respondent is directed to consider the representation within a period of two weeks from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To:

1.The Director of Elementary Education, College Road, Chennai-6.

2.The District Elementary Educational Officer, Karur, Karur District.

3.The Additional Assistant Elementary Educational Officer, Kadavoor Union, Karur District.

+1CC to Mr.T.Pon Ramkumar, Advocate in SR.No.64525. PNN DS/SV/MMS/SAR-3 :22.05.2018: 2P/5C https://hcservices.ecourts.gov.in/hcservices/ W.P.(MD) No.10003 of 2018 27.04.2018