Murugavel v. The Joint Director (Personnel)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.03.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.6854 of 2024 Murugavel ... Petitioner Vs.

1.The Joint Director (Personnel), School Education, Chennai.

2.The Chief Educational Officer, Samgara Shiksha, Ramanathapuram, 3.The Supervisor, Block Resource Center, Ramanathapuram, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent to consider the petitioner's representations dated 02.02.2023, 06.01.2024, 23.01.2024 and 26.01.2024 seeking reinstate the petitioner as Block Resources Teaching Educator (BRTE) at Ramanathapuram, Ramanathapuram District and quash the same as illegal.

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For Petitioner : Mr.S.Gokulraj For Respondents : Mr.M.Sarangan Additional Government Pleader

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 2.This Writ Petition has been filed for issuance of a Writ of Mandamus, seeking to direct the third respondent to consider the petitioner's representations dated 02.02.2023, 06.01.2024, 23.01.2024 and 26.01.2024 seeking to re-instate the petitioner as Block Resources Teaching Educator (BRTE) at Ramanathapuram, 3.The brief facts which are necessary for the disposal of this Writ Petition is as follows:- The petitioner is a physically challenged person with 40% blindness. He was appointed as a Block Resource Teaching Educator by the first respondent vide proceedings dated 06.02.2009. Interlinking the petitioner with the accused in TANPID case, the petitioner was detained in judicial custody for more than 48 hours. Following which, the petitioner was visited with an order 2/6

of suspension vide proceedings dated 29.11.2023. The said criminal case is still pending. The petitioner made several representations to the second respondent on 02.02.2023, 06.01.2024, 23.01.2024, 26.01.2024 to reinstate him in service pending disciplinary proceedings. However, the same was not considered. Hence, this Writ Petition came to be filed.

4.The learned Additional Government Pleader appearing for the respondents on written instructions submitted that the petitioner is involved in a financial fraud to a tune of Rs.70 Crores by swindling the common man's money and had indulged in converting the entire money as personal assets and in view of the seriousness of the crime, in which the petitioner has been implicated, the question of revoking his suspension will not arise. He pressed for dismissal of the Writ Petition. 5.For which, the learned counsel appearing for the petitioner submitted that the co-accused one Anand has been reinstated. However, the petitioner has been left in lurch. 6.Heard the learned counsel appearing for the petitioner, the 3/6

learned Government Advocate appearing for the respondents and carefully perused the entire materials available on record. 7.Considering the limited scope of relief sought for by the petitioner, without going into merits of the case, this Court hereby direct the third respondent to consider the petitioner's representations dated 02.02.2023, 06.01.2024, 23.01.2024, 26.01.2024 and pass appropriate order in accordance with law within a period of eight weeks from the date of receipt of copy of this order.

8.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.

21.03.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn 4/6

To 1.The Joint Director (Personnel), School Education, Chennai.

2.The Chief Educational Officer, Samgara Shiksha, Ramanathapuram, 3.The Supervisor, Block Resource Center, Ramanathapuram, 5/6

L.VICTORIA GOWRI, J.

Mrn W.P.(MD)No.6854 of 2024 21.03.2024 6/6