Madras High CourtWP(MD)/13835/2023disposed of

Chitra Devi.M v. The Chief Educational Officer

2023-06-13Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.11664 & 11665 of 2023 M.Chitra Devi ... Petitioner Vs 1.The Chief Educational Officer, O/o.the chief Educational Office, Virudhunagar District, Virudhunagar.

2.The District Educational Officer, O/o.the District Educational Office, Virudhunagar District, Virudhunagar.

3.The Principal / Head Master, R.U.K.N.M.S.P.N.High School, Ramanaickanpatti, Aruppukottai Taluk, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records relating to the impugned order passed by the first respondent vide his impugned proceedings in Na.Ka.No.8874/Aa4/2022 dated 10.02.2023 and quash the same as illegal. 1/4

For Petitioner : Mr.S.Mohamed Suhail for M/s.Ajmal Associates For Respondents : Mr.N.Satheeshkumar Additional Government Pleader for R.1 & R.2

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2.

2. The petitioner is presently working as BT Assistant (Maths) in the third respondent School. She questions the staff fixation strength.

3. As rightly pointed out by the learned Additional Government Pleader, the petitioner lacks her locus standi to mount this challenge. It is only the Management which can assail staff fixation strength.

4. The grievance of the petitioner appears to be that she cannot be treated as a surplus teacher. The learned counsel would point out that the Head Master of the third respondent School has passed away and as of now without taking the said aspect into account, the petitioner is being treated as a surplus teacher. 2/4

5. The first respondent is directed to take note of the death of the Head Master of the third respondent school and then take a decision if the petitioner can still be considered as a surplus teacher. With this direction to the first respondent, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 13.06.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA Note: Issue Order Copy on 14.06.2023.

To 1.The Chief Educational Officer, O/o.the chief Educational Office, Virudhunagar District, Virudhunagar.

2.The District Educational Officer, O/o.the District Educational Office, Virudhunagar District, Virudhunagar.

3/4

G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)Nos.11664 & 11665 of 2023 13.06.2023 4/4