Durga Devi. A v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 04/07/2024
CORAM
The Hon`ble Ms.Justice R.N.MANJULA Durga Devi. A ... Petitioner Vs
1. The Director, Primary Education Department, Dpi Complex, College Road, Chennai - 06..
2. The District Educational Officer, Madurai District, Madurai.
3. The Block Educational Officer, Alanganallur, Madurai District, Madurai.
... Respondents PRAYER :-Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to appoint the petitioner as Headmaster in the vacancy place either in Manickampatti Middle School or in Vaavidamaruthoor Middle School which comes under the jurisdiction of respondent No.3 with all 1/5
consequential benefits by considering the petitioner representation dated 11.01.2024 within the time stipulated by this Court. For Petitioner : Mr.T.Thirumurugan, For Respondents : Mr.M.Siddharthan Special Government Pleader
ORDER
By consent, the writ petition itself is taken up for final disposal at the admission stage itself.
2.Heard Mr.T.Thirumurugan learned counsel for the petitioner and Mr.M.Siddharthan, learned Special Government Pleader for the respondents.
3.The petitioner has filed this writ petition for a mandamus directing the respondents to appoint the petitioner as Headmaster in the vacancy either in Manickampatti Middle School or in Vaavidamaruthoor Middle School, which come under the jurisdiction of the respondent No. 3 with all consequential benefits by considering the petitioner representation dated 11.01.2024 within the time stipulated by this Court. 2/5
4. The petitioner has been given with the promotion in the year 2018 to the post of Middle School Headmaster. However, due to administrative reasons, she was reversed to the post of primary school headmaster vide proceedings dated 19.09.2018. The petitioner's claim is that she is entitled to be promoted to the post of middle school headmistress, as these are vacancies in Manikambatti and Vavidamaruthur in Alanganallur Panchayat Unions.
5. It is seen that the petitioner has not challenged the order of demotion. However, the petitioner has come up with this writ petition in view of the vacancies now available in the nearby schools. If the petitioner is eligible for promotion, then the respondents shall consider her promotion. So far as the postings are concerned, the petitioner shall participate in the promotion counseling that is to be held, after arriving the promotion list.
6. But, however, vacancies have to be filled up by way of promotion in the middle of the year and in accordance with the claim of 3/5
the petitioner. The respondents shall consider to accommodate the petitioner in any of the schools, where the vacancies arise even without waiting for the regular counseling as per the guidelines in this regard.
7. In the light of the above observation, the writ petition is disposed of by directing the respondents to consider the petitioner's representation dated 11.01.2024 on merits and in accordance with law . No costs.
04.07.2024 RR To
1. The Director, Primary Education Department, Dpi Complex, College Road, Chennai - 06..
2. The District Educational Officer, Madurai District, Madurai.
3. The Block Educational Officer, Alanganallur, Madurai District, Madurai.
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R.N.MANJULA,J RR
ORDER
IN WP(MD) No.14766 of 2024 Date : 04/07/2024 5/5