G.Jeyalakshmi v. Director Of School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2016

CORAM:

THE HONOURABLE Mr. JUSTICE R.SUBBIAH and THE HONOURABLE Mrs. JUSTICE J.NISHA BANU W.A.(MD)No.1365 of 2016 and C.M.P.(MD)Nos.10016 and 10242 of 2016 G.Jeyalakshmi ... Appellant /Petitioner Vs.

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

2.The District Elementary Educational Officer, Virudhunagar.

3.The Assistant Elementary Educational Officer, Rajapalayam, Virudhunagar District.

4.Murugan Primary School, Rep.by Headmaster, Rajapalayam Taluk, Virudhunagar District.

(R4 impleaded vide order dated 08.11.2016) ... Respondents/ Respondents PRAYER: The Writ Appeal is filed under Clause 15 of Letter Patent Act, against the order dated 10.08.2016 passed in W.P.(MD)No.13234 of 2015.

Prayer in WP(MD). 13234/ 2015 :

Petition filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari calling for the entire records connected with the impugned order passed by the 2nd respondent in Na.Ka.No. 6211/A2/2014 dated 22.07.2015 deploying the petitioner with post from the school namely Murugan Primary School, Punalveli, Rajapalayam, Virudhunagar District and quash the same.

For Appellant : Mr.K.K.Kannan For Respondents : Mr.V.R.Shanmuganathan, Spl.G.P.for R1 to 3

JUDGMENT

(Judgment of this Court was delivered by R.SUBBIAH,J.) This Writ Appeal has been filed against the order passed by the learned Single Judge of this Court dated 10.08.2016 in W.P. (MD)No.13234 of 2015.

2.The Writ petitioner was appointed as Secondary Grade Teacher on 12.01.2016 on consolidate pay in Murugan Primary School, Punalveli and the said appointment was approved by the 2nd respondent on 09.03.2006. Subsequently, the petitioner was granted time scale of pay for the said post with effect from 01.06.2006 by a proceedings dated 31.10.2006. Due to some dispute which arose between the members of the said school and since the said school is a private aided school coming under the purview of Tamil Nadu Private Regulation Act, by order dated 02.03.2012 direct payment was ordered. It is further stated that presently, 120 students are studying in standards I to V and there are sanctioned 5 Secondary Grade Teachers including one Headmaster. By Government Order in G.O.Ms.No.231 dated 11.08.

2010, the 1st respondent issued proceedings dated 28.08.2010 formulating a procedure for fixation of staff strength to be maintained in aided school. In these circumstances, the 2nd respondent by a proceeding dated 22.07.2015 deployed the petitioner from Murugan Primary School, Punalveli to another school namely, Perunthalaivar Kamarasar Thodakkappalli, Meenakshipuram. Challenging the said order dated 22.07.2015, the Writ petition in W.P.(MD)No.13234 of 2015 has been filed before this Court. This Court by order dated 10.08.2016 dismissing the Writ petition observed as follows: "6.

As rightly pointed out by the learned Special Government Pleader, since the authorities found that for the three consecutive years namely, 2011, 2012 and 2013, 37 surplus Secondary Grade Teachers were working at the aided schools in Virudhunagar district and that as a result, the Government unnecessarily spent a huge amount of Rs.3,45,18,794/-, those surplus teachers were transferred to the schools in need of teachers. Therefore, there is no error or infirmity in the impugned order transferring the surplus teacher viz., the petitioner, to Perunthalaivar Kamarajar Primaryy School, Meenakshipuram.

order dated 05.03.2015 based on which the consequential order viz., the present impugned order came to be passed.

7.The Writ petition is, therefore, dismissed. No costs. Consequently, M.P.(MD)No.1 of 2015 and W.M.P.(MD)No.10846 of 2016 are closed."

3.Today when the matter is taken up for hearing, the learned counsel appearing for the appellant submitted that earlier the strength of the student in the 4th respondent school was 106, however, now the students strength increased to 121. Hence, in view of the increase in the strength of the student in the 4th respondent school, the respondents may be directed to consider the request of the appellant.

4.The learned Special Government Pleader appearing for the respondents submitted that without challenging the consequential order passed by the respondents dated 05.03.2015 fixing the strength of students studying in the Murugan Primary School, Punalveli, the prayer sought for by the appellant is not maintainable.

5.Heard the learned counsel appearing for the appellant and the learned Special Government Pleader appearing for the respondents.

6.We find much force in the submission made by the learned Special Government Pleader appearing for the respondents. However, considering the increase in the student strength, the appellant is directed to send a representation to the respondents within a period of two weeks from the date of receipt of a copy of this order with regard to reviewing the earlier order passed by the respondents dated 22.07.2015 and on receipt of such representation, the respondents are directed to consider the same and pass orders on merits and in accordance with law within a period of 4 weeks thereafter.

7.The Writ Appeal is disposed of accordingly. No costs. Consequently, connected M.Ps.are closed.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar

To 1.The Director of School Education (Elementary), College Road, Chennai - 6.

2.The District Elementary Educational Officer, Virudhunagar.

3.The Assistant Elementary Educational Officer, Rajapalayam, Virudhunagar District.

+1 cc to M/S.K.K.KANNAN, Advocate SR.No.79765 +1 cc to Special Government Pleader SR.No.80015 W.A.(MD)No.1365 of 2016 07.12.2016 SMA/PM-PN/22.02.2017:4P/6C