Saral Mary .R v. The Principal Secretary To The Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.11985 of 2023 R.Saral Mary ... Petitioner Vs.

1.The Principal Secretary to the Government, School Education Department, Fort St.George, Chennai-9.

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

3.The Chief Educational Officer, O/o. The Chief Educational Officer, Kanyakumari District.

4.The District Educational Officer (Elementary), O/o. The District Educational Officer, Nagercoil, Kanyakumari District.

5.Christian Welfare High School, Represented by its Correspondent, Thadikarankonam-629 851, Kanyakumari District.

... Respondents 1/5

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 records pertaining to the impugned order in Na.Ka.No.000835/A4/2023, dated 05.06.2023 on the file of the third respondent and quash the same as illegal.

For Petitioner : Mr.T.Aswin Rajasimman for M/s.Lajapathi Roy & Associates For Respondents : Mr.N.Satheeshkumar Additional Government Pleader for R1 to R4

ORDER

Heard the learned counsel on either side.

2. The petitioner is presently working as BT Assistant in the 5th respondent school. She questions the impugned order of deputation. As rightly pointed out by the learned Additional Government Pleader, the deputation is pursuant to the staff fixation. The management sought modification of the staff fixation done by the department. The request of the management was rejected. The management is yet to assail the rejection order.

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3. In these circumstances, the petitioner cannot question the impugned order of deputation. At this stage, the learned counsel for the petitioner states that some teachers are about to retire. If that be so, the competent authority is directed to take note of the same and then take decision, if the petitioner can still be considered as surplus teacher.

4. With this direction to the competent authority, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

16.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To 1.The Principal Secretary to the Government, School Education Department, Fort St.George, Chennai-9.

2.The Director of School Education, DPI Compound, 3/5

College Road, Chennai-600 006.

G.R.SWAMINATHAN, J.

rmi 3.The Chief Educational Officer, O/o. The Chief Educational Officer, Kanyakumari District.

4.The District Educational Officer (Elementary), O/o. The District Educational Officer, Nagercoil, Kanyakumari District.

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