Madras High CourtWP(MD)/16966/2015allowed

Tmt.V.Anusya, v. The Director Of Elementary

2018-01-18Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.16966 of 2015 and MP(MD)Nos.1 to 3 of 2015 V.Anusya ... Petitioner Vs.

1.The Director of Elementary Education, College Road, Chennai - 600 006.

2.The District Elementary Educational Officer, O/o the District Elementary Educational Officer Collectorate, Virudhunagar Post & District.

3.The Assistant Elementary Educational Officer, Srivilliputhur, Srivilliputhur Post, Virudhunagar District.

4.The Secretary, Mankapuram Hindu Primary School, Mankapuram, Srivilliputhur Post, Virudhunagar District.

5.Jessintha Rani, Secondary Grade Teacher, Mankapuram Hindu Primary School, Mankapuram, Srivilliputhur Post, Virudhunagar District.

... Respondents Prayer : This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned resolution passed by the fourth respondent on 21.08.2015 and quash the same and consequently direct the respondents to permit the petitioner to continue as Headmistress in Mankapuram Hindu Primary School, Mankapuram, Srivilliputhur Post, Virudhunagar District. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.J.Gunaseelan Muthaiah, Addl., Government Pleader for R1 to R3

Mr.Herold Singh for R4 Mr.B.Muneeswaran for R5

ORDER

The writ petitioner was working as Headmistress in the fourth respondent school. By the impugned resolution dated 21.08.2015, she was sought to be reverted to the post of teacher. Admittedly, the impugned order was not preceded by any enquiry or show cause notice. 2.Considering the said circumstances, this Court also while entertaining the writ petition granted an interim order of stay. The order impugned in this writ petition is in violation of principle of natural justice. If the management wanted to proceed against the writ petitioner, it would have to do so in accordance with law. With this liberty, the order impugned in this writ petition is quashed.

3.The learned counsel appearing for the school management contended that the writ petitioner actually wanted to be reverted from the post of Headmistress. This claim is however dismissed. In any event, it is not open to the school management to pass the impugned order. The fourth responded school management is directed to permit the writ petitioner to discharge her functions of Headmistress forthwith.

4.This writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Director of Elementary Education, College Road, Chennai - 600 006.

2.The District Elementary Educational Officer, O/o the District Elementary Educational Officer Collectorate, Virudhunagar Post & District.

3.The Assistant Elementary Educational Officer, Srivilliputhur, Srivilliputhur Post, Virudhunagar District. +One cc to Mr.S.C.Herold Singh, Advocate, SR.No.42901 +One cc to Mr.T.Muruganatham, Advocate, SR.No.42900 +One cc to Mr.M.Saravanakumar, Advocate, SR.No.42704 skm RL/7C/2P/SV/MMS/SAR1/2/2/2018 W.P(MD)No.16966 of 2015 and MP(MD)Nos.1 to 3 of 2015 29.01.2018 https://hcservices.ecourts.gov.in/hcservices/