B.Palanivelan v. The Govt. Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) Nos.20870 and 20873 of 2019 and W.M.P.(MD)Nos.17452 and 17455 of 2019 B.Palanivelan ... Petitioner in W.P.(MD)No.20870 of 2019 T.Rathikumari ... Petitioner in W.P.(MD)No.20873 of 2019 -Vs1.The Government of Tamil Nadu, Represented by its Principal Secretary, Department of School Education, Fort St. George, Secretariat, Chennai-600 009.
2.The Director of Elementary Education, D.P.I. Campus, College Road, Nugambakkam, Chennai-600 006.
3.The District Educational Officer, Tirunelveli, Tirunelveli District.
4.The Block Educational Officer, Tirunelveli-Urban Range, Tirunelveli District. 5.Hussainiya Primary School, Represented by its Manager, Jawaharlal Street, Tirunelveli-627 006.
6.S.Reyasunnisa ... Respondents in both W.Ps.
COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the 5th respondent from preventing the petitioners from discharging the petitioners' duties as Secondary Grade Teacher in the 5th respondent School.
For Petitioner : Mr.M.Saravanan (in both Writ Petitions) For R1 to R4 : Mr.A.Thiagarajan, (in both Writ Petitions) Government Advocate.
For R5 and R6 : Mr.T.S.Mohammed Mohideen (in both Writ Petitions) 1/3
COMMON ORDER These Writ Petitions are filed to forbear the 5th respondent from preventing the petitioners from discharging their duties as Secondary Grade Teachers in the 5th respondent School. 2.When the matters were taken up for hearing on 18.10.2019, the learned counsel appearing for the respondents 5 and 6 submitted that the petitioners on their own volition had given representations for voluntary retirement and the same were forwarded to the third respondent / District Educational Officer. The third respondent has now rejected the petitioners' representations for voluntary retirement. In view of the rejection of the representations, the petitioners are continuing in the 5th respondent School.
Further, he submitted that the respondents 5 and 6 have never threatened the petitioners to give representations, seeking voluntary retirement. The learned counsel appearing for the petitioners submitted that if the respondents 5 and 6 permit the petitioners to work in the School, the petitioners are ready to withdraw the averments made in Paragraph No.3 of the affidavit filed in support of the Writ Petitions. The said statements were recorded on 18.10.2019. 3.Today (01.11.2019), when the matters are taken up for hearing, the learned counsel appearing for the petitioners submitted that the petitioners are working in the 5th respondent School and there is no disturbance caused to them.
4.In the counter affidavit filed by the 5th respondent, it is mentioned in Paragraph No.3 that the averments made against the 5th respondent are nothing, but a cooked up story and the petitioners were not prevented by the 5th respondent.
5.Recording the same, these Writ Petitions are closed. No costs. Consequently, connected miscellaneous petitions are also closed.
Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) Myr To 1.The Principal Secretary, Government of Tamil Nadu, Department of School Education, Fort St. George, Secretariat, Chennai-600 009.
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2.The Director of Elementary Education, D.P.I. Campus, College Road, Nugambakkam, Chennai-600 006.
3.The District Educational Officer, Tirunelveli, Tirunelveli District.
4.The Block Educational Officer, Tirunelveli-Urban Range, Tirunelveli District. +2 CC to Mr.R.SUBRAMANIAN, Advocate ( SR-95707[F] dated 04/11/2019 ) +1 CC to Mr.T.S.MOHAMED MOHIDHEEN, Advocate ( SR-95772[F] dated 04/11/2019 ) +1CC TO SPL GP SR. NO.95962 W.P.(MD)Nos.20870 and 20873 of 2019 01.11.2019 VB(22.11.2019) 3P 9C 3/3