Madras High CourtWP(MD)/385/2019disposed of

T.Manian, S/O.Thangavel, v. The Director Of Elementary

2019-08-08Honourable Mr Justice D. Krishnakumar3 pages

1 W.P(MD)No.385 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P(MD)No.385 of 2019 and WMP(MD)No.322 of 2019 1.T.Manian 2.R.Savithri 3.P.Kalaichelvi 4.V.Tamilselvi .. Petitioners Vs.

1.The Director of Elementary Education, O/o.the Director of Elementary Education, DPI Campus, Chennai-6.

2.The Joint Director of Elementary Education, O/o.the Joint Director of Elementary Education, DPI Campus, Chennai-6.

3.The Chief Educational Officer, O/o.the Chief Educational Officer, Pudukottai District.

4.The District Educational Officer, O/o.the District Educational Officer, Aranthangi, Pudukottai District.

5.The Block Educational Officer, O/o.the Block Educational Officer, Thiruvarangulam Union, Pudukottai District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents from reverting the Petitioners from the post of Middle School Headmaster to the post of B.T.Assistant without notice and without following due process of law in view of the Petitioners' Seniority on the basis of the Proceedings of the 2nd respondent vide Na.Ka.No.6789/T1/2012 dated 07.08.2014.

For Petitioners : Mr.T.Aswin Rajasimman for Mr.T.Lajapathi Roy For Respondents : Mrs.S.Srimathy Special Government Pleader 1/3

2 W.P(MD)No.385 of 2019

ORDER

This writ petition has been filed to forbear the respondents from reverting the petitioners from the post of Middle School Headmaster to the post of B.T.Assistant without notice and without following due process of law, in view of the petitioners' seniority on the basis of the proceedings of the 2nd respondent vide Na.Ka.No.6789/T1/2012 dated 07.08.2014.

2.The learned counsel for the petitioners drew the attention of the Court to paragraph Nos.11 and 12 of the counter affidavit, wherein, the fourth respondent has stated that the official respondents have not at all initiated any steps for invoking reversion process against the petitioners herein and hence, the writ petition is absolutely premature in nature as on today, no order has been passed by the respondents.

3.The learned counsel for the petitioner would submit that the aforesaid statement made by the fourth respondent in the counter affidavit may be recorded and liberty may be given to the petitioners, if any order is passed against them. 4.In view of the aforesaid submission made by the learned counsel for the petitioner, the statement made by the fourth respondent in the counter affidavit is recorded and if any aggrieved order is passed, the petitioners are at liberty to challenge same before the appropriate forum, if they are so advised. 5.The writ petition is dismissed with the above observation. No costs. Consequently, WMP(MD)No.322 of 2019 is closed. Sd/- Assistant Registrar (AD II) // True Copy // Sub Assistant Registrar(CS) To 1.The Director of Elementary Education, O/o.the Director of Elementary Education, DPI Campus, Chennai.

2.The Joint Director of Elementary Education, O/o.the Joint Director of Elementary Education, DPI Campus, Chennai.

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3 W.P(MD)No.385 of 2019 3.The Chief Educational Officer, O/o.the Chief Educational Officer, Pudukottai District.

4.The District Educational Officer, O/o.the District Educational Officer, Aranthangi, Pudukottai District.

5.The Blcok Educational Officer, O/o.the Block Educational Officer, Thiruvarangulam Union, Pudukottai District.

+1 CC to M/s.SPL GP ( SR-81159[F] dated 09/08/2019 ) W.P(MD)No.385 of 2019 08.08.2019 KK/SAR/22.08.2019/3P-7C/ 3/3