G.Chithradevi v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 06/06/2024

CORAM

THE HON'BLE Ms.JUSTICE R.N.MANJULA WP(MD) No.11889 of 2024 and WMP(MD) No.10597 of 2024 G.Chithradevi ... Petitioner Vs

1. The Director of School Education Chennai 6

2. The Chief Educational Officer, Virudhunagar District 3.The Secretary TUNSV Higher Secondary School, Tiruchuli Virudhunagar District.

... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the 2nd respondent in his proceedings in Na.Ka.No.6677/A4/2023 dated 30.05.2024 and quash the same and direct the respondents to permit the petitioner to continue in the third respondent school.

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For Petitioner : M/s.V.Panneerselvam For Respondent : Mr.M.Siddharthan for R1 & R2 Additional Government Pleader Mr.P.Santhoshkumar for R3

ORDER

Heard Mr.V.Panneerselvam, learned counsel for the petitioner, Mr.M.Siddharthan, learned Additional Government Pleader, for the respondents 1 and 2 and the learned counsel for the third respondent. 2.This writ petition has been filed challenging the order of the 2nd respondent dated 30.05.2024, wherein the petitioner was deployed to SBK Higher Secondary School, Kalloorani from the third respondent school.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4. The learned counsel for the petitioner submitted that despite there are vacancies in the post of PG Assistants and those posts are 2/5

sanctioned, the petitioner, who is working as BT Assistant, has been deployed and this created an opportunity to the third respondent school to fill up the post of PG Assistants through direct recruitment.

5. The only contention of the petitioner is that had she been allowed to continue in the third respondent school, she would be have got the benefit of getting the promotion to the post of PG Assistant.

6. As on today, the petitioner is found to be surplus and in view of that the petitioner has been given with the deployment order. Since the third respondent school has got vacancies in PG Assistants and the petitioner is said to have got the qualification to be considered to the post and similarly placed excess BT Assistant Teachers have already been considered and have been conveniently placed in the existing PG Assistants posts, the third respondent shall consider the petitioner and pass such orders before relieving her within a period of two months from the date of receipt of a copy of this order.

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7. If the petitioner is promoted and posted as PG Assistant (Chemistry) within a period of two months as stated above, the impugned deployment order will itself become infructuous, otherwise, if the petitioner has not been considered and not posted in the third respondent school, then, the petitioner has no other go except to obey the orders and report to the school to which she was deployed.

8. With the aforesaid observation and direction, the writ petition is disposed of. No costs. Consequently connected Miscellaneous Petition is closed.

06.06.2024 NCC :

Yes/No Index :

Yes/No RR To

1. The Director of School Education Chennai 6

2. The Chief Educational Officer, Virudhunagar District 4/5

R.N.MANJULA, J.

RR W.P.(MD)No.11889 of 2024 06.06.2024 5/5