Madras High CourtWP(MD)/18104/2023disposed of

Malliha.D v. The Chief Educational Officer

2024-10-24Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2024

CORAM:

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR WMP(MD).Nos.15111 & 15112 of 2023 Mrs.D.Malliha ... Petitioner vs.

1.The Chief Educational Officer Office of the Chief Educational Officer Nagercoil, Kanyakumari District 2.The District Educational Officer Office of the District Educational Officer Nagercoil, Kanyakumari District 3.The Corporate Manager CSI Corporate Management of Schools CSI Diocesan Office 71A, Dennis Street Nagercoil 629 001 Kanyakumari District 4.The Correspondent Dethie Higher Secondary School for Girls Nagercoil Kanyakumari District

5.The Administrative Committee Represented by the Administrative Secretary CSI Diocesan Office 71A, Dennis Street, Nagercoil 629 001 Kanyakumari District ....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to give reemployment to the petitioner as Junior Grade B.T.Assistant in Duthie Higher Secondary School, Nagercoil in terms of GO(Ms).No.261, School Education Department dated 20.12.2018 and GO(Ms).No.115 School Education Department dated 28.06.2022 considering the request of the petitioner before the date of retirement ie. 31.07.2023.

For Petitioner : Mr.Aayiram K.Selvakumar For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for R1 & R2 :Mr.S.C.Herold Singh for R3 & R4

ORDER

The instant writ petition has been filed by a Junior Grade B.T.Assistant working in the fourth respondent School seeking a mandamus to consider her request for re-employment in the School on her retirement on 31.07.2023.

2.The learned Additional Government Pleader appearing for the respondents 1 & 2, on instructions, submits that the School has submitted a proposal seeking re-employment for the writ petitioner on 18.08.2023. The said proposal has been rejected by the second respondent on 01.09.2023. Neither the petitioner nor the management have chosen to challenge the said order. 3.In view of the above said facts, the question of issuing a mandamus does not arise. This writ petition is disposed of with liberty to the writ petitioner to challenge the said order dated 01.09.2023, if she is so advised. No costs. Consequently, connected miscellaneous petitions are closed. 24.10.2024 Intex : Yes/No Internet : Yes/No NCC : Yes/No msa To 1.The Chief Educational Officer Office of the Chief Educational Officer Nagercoil, Kanyakumari District 2.The District Educational Officer Office of the District Educational Officer Nagercoil, Kanyakumari District

R.VIJAYAKUMAR, J.

msa WMP(MD).Nos.15111 & 15112 of 2023 24.10.2024