Sathrak Gnanadasan. A v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 09.02.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD).No.23742 of 2023 and W.M.P(MD)Nos.19923 & 21727 of 2023 and 1080 of 2024 A.Sathrak Gnanadasan ....Petitioner Vs 1.The Chief Educational Officer, School Education Department, Tirunelveli.

2.The District Educational Officer, School Education Department, Tirunelveli.

3.The Manager, TDTA Higher Secondary Schools/Special Schools, CSI Diocese Office, Palayamkottai.

4.St.Johns Higher Secondary School, Represented through its Correspondent, TDTA, CSI Diocese Tirunelveli Corporate Management), Palayamkottai.

5.S.Gananathiraviyam

...Respondents

Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to consider the petitioner's representation, dated 20.09.2023 and pass 1/6

appropriate orders with direction to the 4 and 5 respondents herein to permit the petitioner to function as Head Master of St.Johns Higher Secondary School, Palayamkottai and also to forward necessary proposal regarding the petitioner's transfer, dated 26.06.2023 from CCM Higher Secondary School, Idaiyangudi to St.Johns Higher Secondary School, Palayamkottai for getting necessary approval, within a time stipulated by this Court. For Petitioner : Mr.V.Meenakshi Sundaram For R1 & R2 :Mr.M.Sarangan Additional Government Pleader For R3 :Mr.Alwin Balan For R4 & R5 :Mr.S.Deenadhayalan

ORDER

This writ petition has been filed seeking to direct the 1st and 2nd respondents to consider the petitioner's representation, dated 20.09.2023 and pass appropriate orders directing the 4th and 5th respondents to permit the petitioner to function as Headmaster of St.John's Higher Secondary School, Palayamkottai and also to forward necessary proposal regarding his transfer order, dated 26.06.2023 from CCM Higher Secondary School at Idaiyangudi to the 4th respondent school.

2. When the matter came up for hearing, the learned counsel appearing for the petitioner submitted that already the proposal regarding the 2/6

petitioner's transfer order, dated 26.06.2023 has been duly forwarded by the 4th respondent to the appropriate authorities and order has also been passed by the authorities sanctioning the said proposal. That apart, at the time of admission, this Court vide order, dated 29.09.2023 in W.M.P(MD)No.19923 of 2023 passed an order of interim injunction, restraining the 4th and 5th respondents from in any manner interfering with the petitioner's right to function as a Headmaster of St.John's Higher Secondary School, Palayamkottai. Though the petitioner's plight has been given quietous by the authorities by approving the proposal of transfer, the only grievance of the petitioner is that despite the order of interim injunction passed by this Court, he is not permitted to function as a Headmaster in full spirit by the 5th respondent Correspondent by not permitting him to utilize the official room for the Headmaster in the said premise.

3. The learned counsel appearing for the 3rd respondent fairly submitted that the Manager of the said school has already directed the Correspondent to accommodate the petitioner duly in the Headmaster room. Despite the said direction, the 5th respondent has not complied the same. For which, the learned counsel appearing for the 5th respondent fairly conceded that he will be suitably accommodated in the said school. He further conceded that the 3/6

proposal for salary from the date of transfer has also been forwarded.

4. This Court is of the considered opinion that the post of Headmaster is a position of high esteem in the administration of the school. In view of the same, it is needless to state that he should be seated in his official room allotted by the education agency. Hence, this Court hereby direct the 4th respondent to accommodate the petitioner immediately in the official room assigned for the Headmaster.

5. With the above said observations, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 09.02.2024.

Internet : Yes Index : Yes/No NCC : Yes/No gbg 4/6

To 1.The Chief Educational Officer, School Education Department, Tirunelveli.

2.The District Educational Officer, School Education Department, Tirunelveli.

3.The Correspondent, St.Johns Higher Secondary School, TDTA, CSI Diocese Tirunelveli Corporate Management), 5/6

L.VICTORIA GOWRI, J.

gbg W.P.(MD).No.23742 of 2023 09.02.2024 6/6