T.S.Kasthuri, Bt.Assistant v. The Director Of School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.16040 of 2016 and W.M.P.(MD).No.11725 of 2016 T.S.Kasthuri ... Petitioner Vs.

1. The Director of School Education, DPI Complex, College Road, Nungambakkam, Chennai 600 006.

2. The Chief Educational Officer, HAK, Road, Madurai.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to re-deploy the petitioner back to Government High School, Umachikulam on account of surplus of teachers in the present school, Government High School, Vandiyur. For Petitioner : Mr.Veera Kathiravan, Senior counsel for Mrs.T.K.Akalya For Respondents : Mr.R.Anandharaj Government Advocate

O R D E R

The writ petition has been filed for a Writ of Mandamus directing the second respondent to re-deploy the petitioner back to the Government High School, Umachikulam, on account of surplus teachers in the present Government High School, Vandiyur.

2. Heard the learned Senior counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

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3. The prayer sought for by the petitioner is totally untenable and un-sustainable for the reason that the petitioner

has been already rendered as a surplus teacher, by deployment order, dated 21.08.2016 and he has not challenged the same. Therefore, without challenging the deployment order, dated 21.08.2016, he cannot seek any prayer for Mandamus or direction, directing the second respondent to re-deployment. Therefore, the writ petition fails and it is dismissed. However, it is open to the petitioner to work out his remedy by challenging the deployment order, dated 21.08.2016, in the manner known to law. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To

1. The Director of School Education, DPI Complex, College Road, Nungambakkam, Chennai 600 006.

2. The Chief Educational Officer, HAK, Road, Madurai.

+One cc to M/s.T.K.Akalya, Advocate, SR.No.48276 +One cc to The Special Government Pleader, SR.No.47719 akv RL/5C/2P/CK/16/9/2016 W.P.(MD)No.16040 of 2016 and W.M.P.(MD).No.11725 of 2016 26.08.2016 https://hcservices.ecourts.gov.in/hcservices/