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Madras High CourtWP(MD)/20691/2019allowed

P. Kandhan v. The Joint Director (Personnel ) Of School Education,

2020-02-28Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 11.12.2019 PRONOUNCED ON : 28.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.(MD)No.17316 and 21475 of 2019 P.Kandhan

...Petitioner

/vs./ 1.The Joint Dirctor (Personnel) of School Education, Directorate of School Education, DPI Complex College Road, Chennai - 600006.

2.The Chief Educational Officer, District Education Office, Dindigul - 620003. 3.The District Educational Officer, Vedasanthur, Dindigul District. 4.The Head Master, Government High School, Thangammapatty, Dindigul District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 to 4 to permit to relieve the petitioner from the original post of B.T.Assitant, (English), Government High School, Thangammapatty, Dindigul District, to the post of Deputy Inspector, District Education Office, Vedasanthur, Dindigul District, in compliance of the order of the 1st respondent herin dated 04.09.2019 in Na.Ka.No.05090/C2/E1/2018.

For Petitioner : Mr.J.Thomas Rajadurai For Respondents : Mr.M.Karuppasamy Government Advocate

ORDER

The petitioner herein is aggrieved against the action taken by the first respondent in the impugned order dated 04.09.2019 transferring him from his original post of B.T.Assitant (English) to the Deputy Inspector, District Educational Office, Dindigul 1/3

District. The impugned order is an outcome of the petitioner's involvement in a criminal case, which necessitated the respondents to place him under suspension on 30.07.2019. The petitioner herein had challenged the order of suspension in a writ petition in W.P. (MD)No.18652 of 2019.

2. Today (27.02.2020), this Court had passed final orders in W.P.(MD)No.18652 of 2019 quashing the order of suspension dated 30.07.2019. In view of the same, it would be appropriate to direct the respondents to reconsider their decision in transferring the petitioner from his original post of B.T.Assitant (English) to the Deputy Inspector, Department of Educational Office, Dindigul District.

3. It is seen that the petitioner had also made representation on 16.09.2019 calling upon the respondents to re-consider the transfer order. In my view, if the petitioner is granted liberty to make a fresh representation, in the light of the orders passed in W.P.(MD)No.18652 of 2019, with the consequential direction to the respondents to re-consider the same within the stipulated time, the ends of justice could be secured.

4. In the light of the above observations, the petitioner is granted liberty to make a fresh representation to the first respondent herein ventilating his grievances. On receipt of the same, the first respondent shall consider it, on its own merits and in accordance with law, atleast within a period of two (2) weeks from the date of receipt of a copy of this order. This Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) sm To 1.The Joint Dirctor (Personnel) of School Education, Directorate of School Education, DPI Complex College Road, Chennai - 600006.

2.The Chief Educational Officer, District Education Office, Dindigul - 620003. 2/3

3.The District Educational Officer, Vedasanthur, Dindigul District.

4.The Head Master, Government High School, Thangammapatty, Dindigul District.

+1 CC to M/s.J.THOMAS RAJADURAI, Advocate ( SR-9664[F] dated 02/03/2020 ) Order made in Dated: 28.02.2020 JMN(09.03.2020) 3P : 6C 3/3