Selvarani P v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Selvarani ... Petitioner Vs.

1.The Director, Elementary Education Department, Directorate of Elementary Education, DPI Complex, Chennai - 600 006.

2.The District Elementary Educational Officer, Theni District - 625 531.

3.The Block Elementary Educational Officer, Andipatti Block, Theni District - 625 512.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to grant no objection certificate (NOC) for the petitioner to travel abroad for the period mentioned in the application submitted to the 3rd respondent and received by the 1st respondent on 12.05.2023. For Petitioner : Mr.Romeo Roy Alfred For Respondents : Mr.N.Satheesh Kumar, Addl. Government Pleader.

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O R D E R

Heard the learned counsel on either side.

2.The petitioner is presently working as Headmistress in a panchyat union school. She joined service in the year 1990 and completed 33 years of service. Her daughter is now in Norway and it appears that her grandchild is having some medical issues. The petitioner is therefore constrained to go to Norway to be of assistance to her daughter. The petitioner applied to the respondents seeking permission. The application was submitted in the first week of May, 2023. Since no order has been passed, the present writ petition came to be filed.

3.The petitioner is having passport and she has also obtained visa. The only question that calls for consideration is whether non-grant of no objection certificate as sought for by the petitioner warrants interference at the hands of this Court.

4.The learned Additional Government Pleader for the respondents submitted that this Court can direct the first respondent to expeditiously 2/8

dispose of the petitioner's application. He called upon this Court to refrain from passing any positive direction.

5.I carefully considered the rival contentions and went through the materials on record. Rule 24 (A) of the Tamil Nadu Government Servants Conduct Rules, 1973 is as follows:- "24-A.Obtaining of Identity Certificate before applying for Passport and No Objection Certificate for undertaking foreign trip.

"No Government servant shall, except after obtaining Identity Certificate from the Government, apply for grant or renewal of passport and shall, except after obtaining No Objection Certificate from the Government, undertake trip to foreign country. Application for such Identity Certificate or No Objection Certificate shall be submitted in Form I in Schedule III appended to these Rules and the Identity Certificate and No Objection Certificate, shall be issued in Forms II and III, respectively, in the said Schedule". While applying for such No Objection Certificate information regarding the purpose of the visit, the duration of stay, and the names of Countries proposed to be visited shall be furnished.

"Provided that he shall not leave India for seeking employment abroad without the prior permission of the Government.""

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6.The Government has also issued G.O.(Ms)No.109, Personnel and Administrative Reforms Department, dated 31.07.2006 setting out the guidelines. The said government order is as follows:- 4/8

7.The petitioner's request can be denied only if she comes under any of the adverse circumstances set out in Clause 4(i)(ii)(iii) of the aforesaid government order. No such objection has been raised by the respondents. It appears that there is a criminal case pending against the petitioner. A relative of the petitioner has given a matrimonial complaint and has implicated the petitioner also. The said proceeding has been stayed by this Court in Crl.O.P.(MD)No.6740 of 2022. In these circumstances, there cannot be any objection for issuing no objection certificate as sought for by the petitioner. The petitioner in anticipation 5/8

has booked her tickets. I am conscious that I am putting the first respondent under pressure. However, considering the special facts and circumstances of the case, I direct the first respondent to issue no objection certificate enabling the petitioner to undertake the petition-mentioned foreign travel by 16.06.2023 itself. 8.This writ petition is allowed accordingly. No costs. 15.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No ias Issue order copy on 15.06.2023.

To:- 1.The Director, Elementary Education Department, Directorate of Elementary Education, DPI Complex, Chennai - 600 006.

2.The District Elementary Educational Officer, Theni District - 625 531.

3.The Block Elementary Educational Officer, Andipatti Block, Theni District - 625 512.

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G.R.SWAMINATHAN,J.

ias 15.06.2023 8/8