Madras High CourtWP(MD)/18847/2018disposed of

John William v. The Principal Secretary To

2018-09-26Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2018

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.18847 of 2018 and W.M.P.(MD)No.16673 of 2018 John William ...

Petitioner Vs.

1. The Principal Secretary to Government, Department of School Education, Secretariat, Chennai - 600 009.

2. The Director of School Education, College Road, Chennai - 600 006.

3. The Chief Educational Officer, Tiruchirappali District, P.T.A.Building, Madurai Road, Tiruchirappalli.

4. The District Educational Officer, Manapparai - 621 306, Tiruchirappalli District.

5. The Block Educational Officer, Marungapuri Block, at Kovilpatti - 621 305, Tiruchirappalli District.

M.Vadivel ...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 2 to 5 not to demote the petitioner from the post of Graduate Teacher ( History) to the post of Secondary Grade Teacher for fulfilling the wishes of the 6th respondent to the Panchayat Union Middle School, Vaguthalvarpatti, Marungapuri Block, Tiruchirappalli District in the same post of Graduate Teacher (History). For Petitioner : Mr.T.M.Madasamy For Respondents : Ms.S.Srimathi (R1 to R5) Spl.Govt.Pleader

O R D E R

The Writ Petition has been filed praying to issue a Writ of Mandamus, to direct the respondents 2 to 5 not to demote the petitioner from the post of Graduate Teacher ( History) to the post of Secondary Grade Teacher for fulfilling the wishes of the 6th respondent to the Panchayat Union Middle School, Vaguthalvarpatti, Marungapuri Block, Tiruchirappalli District in the same post of Graduate Teacher (History).

2. The case of the petitioner is that the School has been upgraded from Middle School to High School and the petitioner, who was appointed as a teacher and who is entitled to retain as Graduate Teacher may face reversion or redeployment.

3. The learned Special Government Pleader appearing for the respondent has filed a counter and contended that the school has been upgraded from middle school to High School and once it is upgraded, certainly, there will be shuffling of posts of teachers and that the person, who is holding the higher position may be inducted and there is a chance of a superior superseding the petitioner.

4. At this stage, the learned counsel for the petitioner would contend that there is a vacancy in Kalingapatti and that the petitioner will be retained in the same post and he would not be reverted / demoted.

5. The learned Special Government Pleader appearing for the respondents has no objection in accommodating the petitioner in Kalingapatti School, in which case the petitioner's existing right will not be affected.

6. In the light of the submissions made by the learned Special Government Pleader, the respondents are directed to pass appropriate orders posting the petitioner at Kalingapatti School where the petitioner is willing to report / work within a period of one week from the date of receipt of a copy of this order.

7. With the above direction, the Writ Petition stands dismissed No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-II)