Arockia Mary S v. The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Arockia Mary ... Petitioner /Vs./ 1.The Government of Tamil Nadu, Rep by its Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai-9.
2.The Director of School Education, College Road, DPI Campus, Chennai.
3.The Joint Director of School Education (Primary), College Road, DPI Campus, Chennai.
4.The Chief Educational Officer, Thoothukudi Educational District, Thoothukudi.
5.The District Educational Officer, At Pudhukottai, Thoothukudi Town and District.
6.The Block Educational Officer-II, Thoothukudi Division at Pudhukottai, Thoothukudi.
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7.The Most Reverend Bishop Of Thoothukudi Diocese / Corporate Manager of RC Schools, Tuticorin Diocesan Association, Catholic Bishops House, 82, Great Cotton Road, Thoothukudi - 628 001.
8.The Superintendent of RC Schools, Tuticorin Diocesan Association, Catholic Bishop's House, 82, Great Cotton Road, Thoothukudi 628 001.
9.RC Primary School, Represented by its Correspondent, M.Saveriyarpuram, Thoothukudi 628 005.
... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to carry out the redeployment of surplus teachers identified in the 9th respondent School, pursuant to the order dated 31.03.2021 in WA(MD)No.76 of 2019, strictly following the seniority drawn among its teachers on the basis of their date of joining the 9th respondent school (Station/Parish Seniority) and consequently permit the petitioner to continue in service in the 9th respondent School.
For Petitioner : Ms.Nandhini for Mr.N.Dilipkumar For Respondents : Mr.T.Amjad Khan (R1 to R6) Government Advocate 2/6
ORDER
This writ petition has been filed for a mandamus, seeking for a direction to the respondents to carry out re-deployment of surplus teachers identified in the 9th respondent school, pursuant to the order dated 31.03.2021 passed in WA(MD)No.76 of 2019 by strictly following the seniority drawn among the teachers, on the basis of their dates of joining the 9th respondent school (Station/Parish Seniority) and consequently permit the petitioner to continue in service in the 9th respondent school.
2. A counter affidavit has been filed by the fifth respondent.
3. This writ petition has been filed in the year 2021. No prejudice will be caused to any other parties, if the petitioner's representation seeking for the relief sought for in this writ petition is considered on merits and in accordance with law, by the fourth respondent and final orders are passed.
4. The learned Government Advocate appearing for the official respondents has also not raised any serious objection, if such a direction 3/6
is issued by this Court.
5. For the foregoing reasons, this Court directs the fourth respondent to pass final orders on merits and in accordance with law, on the petitioner's representation dated 31.08.2021 seeking for a direction to the respondents to carry out re-deployment of surplus teachers identified in the 9th respondent school, pursuant to the order dated 31.03.2021 passed in WA(MD)No.76 of 2019 by strictly following the seniority drawn among the teachers, on the basis of their dates of joining the 9th respondent school (Station/Parish Seniority) and consequently permit the petitioner to continue in service in the 9th respondent school, within a period of eight weeks from the date of receipt of a copy of this order.
6. With the aforesaid direction, this writ petition is disposed of. No costs.
27.08.2024 Index : Yes / No (1/2) NCC : Yes / No Sm 4/6
TO:- 1.The Government of Tamil Nadu, Rep by its Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai-9.
2.The Director of School Education, College Road, DPI Campus, Chennai.
3.The Joint Director of School Education (Primary), College Road, DPI Campus, Chennai.
4.The Chief Educational Officer, Thoothukudi Educational District, Thoothukudi.
5.The District Educational Officer, At Pudhukottai, Thoothukudi Town and District.
6.The Block Educational Officer-II, Thoothukudi Division at Pudhukottai, Thoothukudi.
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ABDUL QUDDHOSE, J.
Sm Order made in (1/2) Dated:
27.08.2024 6/6