Chatram Bharthi Girls High School v. The Secretary To The Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA and WMP(MD)Nos.10582, 10586 & 10588 of 2024 Chatram Bharathi Girls High School, Rep., by its Secretary, K.S.Anantharamaseshan ... Petitioner Vs.

1. The Secretary to the Government, Government of Tamilnadu, School Education (C2) Department, Fort St. George, Chennai.

2. The Director of School Education, DPI Compound, College Road, Nungampakkam, Chennai.

3. The Chief Educational Officer, Tenkasi District, Tenkasi.

... Respondents Page No.1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned staff fixation orders issued by the 3rd respondent in Na.Ka.No.4347/B2/2023 dated 05.12.2023 in so far as rendering 2 BT Assistant, 1 Tami Pandit, 1 Record Clerk and 1 Office Assistant (3 Teaching post and 2 Non Teaching post) posts as surplus is concerned and consequential order passed in Na.Ka.No. 4347/B2/2023 dated 29.05.2024 quash the same as illegal and direct the respondents to continue to pay grand-in-aid to the above mentioned post. For Petitioner : Mr. S.Chellapandian For Respondents : Mr.M.Siddharthan Additional Government Pleader

O R D E R

The present writ petition has been filed seeking a Writ of Certiorarified Mandamus to quash the impugned order passed by the 3rd respondent in Na.Ka.No.4347/B2/2023 dated 05.12.2023 in so far as rendering 2 BT Assistant, 1 Tami Pandit, 1 Record Clerk and 1 Office Page No.2/6

Assistant (3 Teaching post and 2 Non Teaching post) posts as surplus is concerned and consequential order passed in Na.Ka.No.4347/B2/2023 dated 29.05.2024 and consequently to direct the respondents to continue to pay grand-in-aid to the above mentioned post.

2. Heard Mr. S.Chellapandian, learned counsel for the petitioner and Mr.M.Siddharthan, learned Additional Government Pleader for the respondents.

3. The petitioner has challenged the entire staff fixation done by the third respondent/CEO for the academic year 2023-24 and the consequential order passed by the 3rd respondent calling for the surplus Teachers for counselling. Sofaras the challenge to order dated 29.05.2024 is concerned counselling is over and the deployment order have been issued to the concerned School through email. At this juncture, if the petitioner presses the deployment and tries to retain the Teachers who have already been deployed to some other schools, the said individuals will be put at risk for getting financial aid towards their salary in view of Page No.3/6

the fact that as on today their posts have been declared as surplus. However, it is learnt that the petitioner has raised objection by making a representation on 14.12.2023 to the District Education Officer. But so far the same has not been considered and no orders have been passed by the 3rd respondent.

4. Since the petitioner had given a representation to the District Education Officer, Tenkasi which has to be forwarded to the 3rd respondent, I feel suitable directions will be given to the 3rd respondent by disposing this writ petition.

5. In view of the above stated reasons this writ petition is disposed of and the third respondent is directed to pass orders on the objection raised by the petitioner with regard to the staff fixation done in the academic year 2023-24. If the third respondent did not receive the representation of the petitioner so far, the third respondent shall instruct the District Education Officer, Tenkasi, to forward the same and then pass orders on merits and also considering the objection of the petitioner as Page No.4/6

expeditiously as possible.

No Costs. Consequently, connected miscellaneous petitions are closed.

12.06.2024 NCC : Yes/No Index : Yes/No PJL To

1. The Secretary to the Government, Government of Tamilnadu, School Education (C2) Department, Fort St. George, Chennai.

2. The Director of School Education, DPI Compound, College Road, Nungampakkam, Chennai.

3. The Chief Educational Officer, Tenkasi District, Tenkasi.

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R.N.MANJULA, J.

PJL and WMP(MD)Nos.10582, 10586 & 10588 of 2024 12.06.2024 Page No.6/6