Madras High CourtWP(MD)/18105/2023disposed of

Adela Elfride Samhenry v. The Chief Educational Officer

2024-10-24Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2024

CORAM:

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR WMP(MD).Nos.15113 & 15114 of 2023 Mrs.Adela Elfride Samhenry ... 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 provide re-employment based on G.O.(Ms).No.261 School Education Department dated 20.12.2018 and G.O.(Ms).No.115 School Education dated 28.06.2022.

2.The petitioner herein has attained superannuation on 31.07.2023. However, the School Management has not forwarded any proposal for her re-employment to the educational authority. Therefore, the petitioner was about to retire on 31.07.2023. The petitioner has given a representation on 09.05.2023. Since the said representation was not considered, the instant writ petition has been filed.

3.Pending writ petition, it is brought to the notice of this Court that the fourth respondent in the writ petition namely the School Management has passed an order on 28.08.2024 rejecting the request of the petitioner seeking re-employment. Therefore, the question of issuing the mandamus at this point of time does not arise.

4.In the result, this Writ Petition is disposed of with liberty to the writ petitioner to challenge the order dated 28.08.2024, 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

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.15113 & 15114 of 2023 24.10.2024