J.Ramalekshmi v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA and W.M.P.(MD)Nos.10994 and 10995 of 2024 J.Ramalekshmi

...Petitioner

Vs 1.The Chief Educational Officer, Kanyakumari District.

2.The District Educational Officer, Nagercoil, Kanyakumari District.

3.The Secretary, D.V.D.Higher Secondary School, Kottar - 629 002, Nagercoil, Kanyakumari District.

4.The Secretary, Devasam Higher Secondary School, Mondaikadu, Kurunthancode, Kanyakumari District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorari, to call for the 1/5

records relating to the impugned proceedings issued by the first respondent herein in Na.Ka.8740/A4/202387740/A4/2023 dated 30.05.2024, quash the same.

For Petitioner : Mr.E.V.N.Siva For R-1 and R-2 : Mr.T.Amjad Khan Government Advocate

O R D E R

Heard Mr.E.V.N.Siva, learned counsel for the petitioner and Mr.T.Amjad Khan, learned Government Advocate for the respondents 1 and 2.

2. The petitioner, who is aggrieved due to the order of deployment dated 30.05.2024 issued against her by deploying her from the third respondent School to the fourth respondent School, has filed this Writ Petition challenging the same and stating that the teacher viz., Anula Rani who is junior to her in the same cadre B.T.Assistant (Tamil) has not been considered for deployment and she has not been called to attend the counselling. But the petitioner who is senior to her has been deployed by the first respondent vide impugned order dated 30.05.2024. So far as 2/5

staff fixation of the third respondent School is concerned, two posts of B.T.Assistant (Tamil) have been rendered as surplus. The third respondent School informed the petitioner to participate in the deployment counselling held on 30.05.2024 and the first respondent passed the order of deployment on 30.05.2024. But the petitioner's junior viz., Anula Rani, who is working in the surplus post of B.T.Assistant (Tamil) in the third respondent School was not even called for deployment counselling. Aggrieved over the same, the petitioner approached this Court by way of filing this Writ Petition.

3. Since the petitioner's submission involves the interest of another individual, who is not a party in this writ petition and whom the petitioner claims to be her junior, no direction can be given against the official respondents to pass any orders to call upon the petitioner's junior viz., Anula Rani to attend the counselling for deployment. However, the petitioner is at liberty to give a representation to the official respondents by making out all her contentions.

3/5

4. In view of the above stated reasons, this Writ Petition is disposed of with liberty to the petitioner to give a representation to the respondents 1 and 2 to make out all her contentions and thereafter, the respondents 1 and 2 are directed to consider and pass orders as expeditiously as possible. No costs. Consequently, connected miscellaneous petitions are closed.

12.06.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The Chief Educational Officer, Kanyakumari District.

2.The District Educational Officer, Nagercoil, Kanyakumari District.

4/5

R.N.MANJULA, J.

Nsr 12.06.2024 5/5