Hamavathi v. The Chief Educational Officer

W.P.(MD) No.14108 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14108 of 2018 and W.M.P.(MD).No.12781 of 2018 (Through Video Conference) Hamavathi

...Petitioner

Vs.

The Chief Educational Officer, Thoothukudi District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records from the respondent relating to the impugned order dated 19.06.2018 in Na.Ka.No.3619/A1/2017 and quash the same.

For Petitioner : Mr.J.Barathan For Respondents : Mr.A.Thiyagarajan Government Advocate

O R D E R

Heard Mr.J.Barathan, learned counsel appearing for the petitioner and Mr.A.Thiyagarajan, learned Government Advocate, appearing for the respondents.

2.The petitioner's transfer order dated 19.06.2018, is put under challenge in the present writ petition. As per the transfer order, the petitioner, who is a B.T.Assistant, had indulged in certain conduct, which is unsuitable for the post. 3.The learned Government Advocate, on instructions submitted that the petitioner has now been retained in the same Government High School for Girls, Ettayapuram. It is his further submission that the respondents do not intend to transfer the petitioner once again. However, if the petitioner indulges in any such conduct, which is not suitable for the post, the respondents may be at liberty to take further course of action against the petitioner. 4.It is needless to point out that the post of B.T.Assistant requires the concerned teacher to act in utmost faith and respect for the entire Education Department and that any act of mis-conduct will entitle the concerned Educational Authorities to initiate action against such teacher.

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W.P.(MD) No.14108 of 2018 5.With such observation, the writ petition stands closed, in view of the submission of the learned Government Advocate that the School does not intend to transfer the petitioner, pursuant to the impugned order. No costs. Consequently, connected W.M.P.(MD). No.12781 of 2018 is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) sts NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

The Chief Educational Officer, Thoothukudi District.

+1 CC to Mr.T.R.JEYAPALAM, Advocate ( SR-3942[F] dated 09/02/2021 ) +1 CC to SPL GP ( SR-3987[F] dated 09/02/2021 ) Order made in W.P.(MD) No.14108 of 2018 08.02.2021 VB (10.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2