Madras High CourtWP(MD)/14521/2023disposed of

Murugan.M v. The Chief Educational Officer

2023-06-30Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.12312 of 2023 M.Murugan ... Petitioner Vs 1.The Chief Educational Officer, Thoothukudi, Thoothukudi District.

2.The Secretary, Hindu Higher Secondary School, Alwarthirunagari, Thoothukudi District.

3.The Secretary, Sri Kumaraguru Swamigal Higher Secondary School, Srivaikundam, Thoothukudi District.

(R.3 is impleaded vide order of this Court dated 30.06.2023 in W.M.P(MD)No.12562 of 2023) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling upon the records of 1/4

the first respondent relating to proceedings in Na.Ka.No.8438/A4/2022 dated 07.06.2023 and quash the same and to consequently direct the respondents to promote the petitioner to the post of PG Assistant Tamil or PG Assistant Economics in the second respondent school.

For Petitioner : Mr.G.Prabhu Rajadurai for P.Samuel Gunasingh For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for R.1 Mr.VR.Shanmuganathan for R.2 Mr.F.Deepak for R.3

ORDER

Heard the learned counsel on either side.

2. The petitioner is being deployed from one School to another. He joined Sri Kumaraguru Swamigal Higher Secondary School as secondary grade teacher in the year 1988. He was promoted as BT Assistant in the year 2004. The petitioner's case is that since he aspired to be promoted as BT Assistant (Economics), he was deployed to the second respondent School. The petitioner challenges his deployment. Certain developments in favour of the petitioner took place subsequently. The Management of Sri Kumaraguru Swamigal Higher Secondary School, Srivaikundam filed W.P(MD)No.8987 of 2020 and it 2/4

is still pending. The petitioner also filed W.P(MD)No.7416 of 2020 which is also pending. In the meanwhile, by the impugned proceedings, the petitioner has been deputed to Government Higher Secondary School, Ramanujampudur, Thoothukudi Education District.

3. Since the petitioner is being shunted from one School to another, till the issue attains finality, the petitioner should not be disturbed. I direct the respondent to retain the petitioner in Government Higher Secondary School, Ramanujampudur, Thoothukudi till the issues raised by the petitioner are resolved in the aforesaid two writ petitions.

4. This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 30.06.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To The Chief Educational Officer, Thoothukudi, Thoothukudi District.

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G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)No.12312 of 2023 30.06.2023 4/4