Iruthaya Samy v. The District Educational Officer (Elementary)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.9512 and 9513 of 2023 Iruthaya Samy ... Petitioner Vs.

1.The District Educational Officer (Elementary), Oddanchatram Educational District, Oddanchatram, Dindigul District.

(Formerly known as The District Educational Officer (Elementary), Bathlagundu Educational District, Bathlagundu.) 2.The Block Educational Officer, Kodaikanal, Dindigul District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the entire record pertaining to the impugned suspension order passed by the 1st respondent in R.C.No.93/A1/2022 dated 31.03.2023 and quash the same as illegal and consequently direct the 1st and 2nd respondents to reinstate the petitioner into service with all attended 1/4

benefits and monetary benefits from 30.09.2015 A.N., within the time stipulated by this Court.

For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents : Mr.N.Satheesh Kumar, Addl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner was working as secondary grade teacher in Dindigul District. He reached the age of superannuation on 30.04.2023. He was however not allowed to retire. He was placed under suspension. Disciplinary action was also parallelly initiated. The petitioner challenges suspension order because of which, he has been retained in service.

3.In stead of going into the merits of the matter, interest of justice will be served by directing the first respondent to conclude the disciplinary action and pass final order on merits and in accordance with 2/4

law within a period of three months from the date of receipt of a copy of this order. The petitioner through his counsel gives an undertaking that he will extend his fullest cooperation. I make it clear that I have not gone into the merits of the matter. All the defences and contentions of the petitioner are left open.

4.With this direction to the first respondent to conclude the disciplinary action within the aforesaid time limit, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

01.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 05.06.2023.

To:- 1.The District Educational Officer (Elementary), Oddanchatram Educational District, Oddanchatram, Dindigul District.

2.The Block Educational Officer, Kodaikanal, Dindigul District.

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G.R.SWAMINATHAN, J.

ias 01.06.2023 4/4