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Madras High CourtWP(MD)/13279/2017disposed of

M/S.Visvas Builders, v. The Secretary To Government

2017-07-193 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Fourth day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice T.RAJA WP(MD) Nos.13729,13747,13748 & 13749 of 2017 R.CHRISTILDA ... PETITIONER IN WP(MD) No.13729 of 2017 LITTLE GRACIA ... PETITIONER IN WP(MD) No.13747 of 2017 P.IDA MANO JEBASTY ... PETITIONER IN WP(MD) No.13748 of 2017 M.SHEELA ... PETITIONER IN WP(MD) No.13749 of 2017 Vs 1 THE DISTRICT EDUCATIONAL OFFICER, TIRUNELVELI 2 THE MANAGER TDTA HIGHER SECONDARY, SECONDARY SPECIAL SCHOOLS & TEACHER TRAINING INSTITUTES, TIRUNELVELI CSI DIOCESE, PALAYAMCOTTAI, TIRUNELVELI DIST 3 THE CORRESPONDENT SARAH TUCKER GIRLS HIGHER SECONDARY SCHOOLS, PALAYAMCOTTAI, TIRUNELVELI 4 C.G.ARTHUR RAJA, M.SC., M.ED., CLAIMING TO BE WORKING AS THE MANAGER, TDTA HIGHER SECONDARY, SECONDARY SPECIAL SCHOOLS & TEACHER TRAINING INSTITUTES, TIRUNELVELI CSI DIOCESE, PALAYAMCOTTAI, TIRUNELVELI DISTRICT ... RESPONDENTS IN WP(MD) No.13729 of 2017 1 THE DIRECTORATE OF SCHOOL EDUCATION, DPI COMPOUND, CHENNAI.

2 THE CHIEF EDUCATIONAL OFFICER TIRUNELVELI DISTRICT.

3 THE DISTRICT EDUCATIONAL OFFICER, TIRUNELVELI DISTRICT.

4 THE MODERATOR, THE CHURH OF SOUTH INDIA, THE SYNOD SECRETARIAT, 5, WHITES ROAD, ROYAPETTAH, CHENNAI-14 5 RT.REV.BISHOP, CSI DIOCESE OF TIRUNELVELI, THE CHAIRMAN TDTA, THE MANAGER AND THE GEN. SEC., TDTA COLLEGES, BISHOPSTOWE, 16, NORTH HIGH GROUND ROAD, PALAYAMKOTTAI-02.

6 THE MANAGER, TDTA HIGHER SECONDARY, SECONDARY SPECIAL SCHOOLS AND TEACHERS TRAINING INSTITUTES, DIOCESAN OFFICE, PALAYAMKOTTAI-02 7 THE CORRESPONDENT MARY SARGENT HIGHER SECONDARY, SCHOOL FOR GIRLS, PALAYAMKOTTAI-02 8 C.G.ARTHUR RAJA, S/O.NOT KNOWN, THE SO-CALLED MANAGER, TDTA, HIGHER SECONDARY, SECONDARY SPECIAL SCHOOLS AND TEACHERS TRAINING INSTITUTES, DIOCESAN OFFICE, PALAYAMKOTTAI-02 9 G.JOHN STEPHEN SO-CALLED CORRESPONDENT, MARY SARGENT HIGHER SECONDARY, SCHOOL FOR GIRLS, PALAYAMKOTTAI-02 ... RESPONDENTS IN WP(MD) Nos.13747,13748 & 13749 of 2017 PRAYER IN WP(MD) No.13729 of 2017:

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of transfer of the 2nd respondent dated 21.07.2017 and the impugned relieving order of the 3rd respondent dated 21.07.2017 quash the same and consequently direct the respondents herein to permit the petitioner to continue her service in the 3rd respondent school, till her retirement on 31.12.2017.

PRAYER IN WP(MD) No.13747 of 2017:

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari, calling for the records of the impugned order passed by the 8th respondent dated 21.07.017 and the consequential order passed by the 9th respondent dated 21.07.2017 and quash the same as illegal. PRAYER IN WP(MD) No. 13748/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari calling for the records of the impugned order passed by the 8th Respondent dated 21.07.2017 and the consequential order passed by the 9th Respondent dated 21.07.2017 and quash the same as illegal.

PRAYER IN WP(MD) No. 13749/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari calling for the records of the impugned order of Transfer passed by the 8th respondent dated 21.07.2017 and the consequential order of Relieving passed by the 9th respondent dated 21.07.2017 and quash the both as illegal.

ORDER : These petitions coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.VEERA KATHIRVAN, Senior Counsel for M/S.C.GANGAI AMARAN, Advocate for the petitioner in WP(MD) No.13729 of 2017 and M/S.C.ARUL VADIVEL ALLIAS SEKAR, Advocate for the petitioner in WP (MD) Nos.13747,13748 of 2017 and M/S.G.THALAIMUTHARASU, Advocate in WP(MD) No.13749 of 2017 for the petitioner and of M/S.D.MURUGANTHAM, Additional Government Pleader for R1, M/S.J.BARATHAN for M/S.T.R.JEYAPALAN Advocate for R2 & R4 and K.GUHAN, Advocate for R3 in WP(MD) No.13729 of 2017, M/S.D.MURUGANTHAM, Additional Government Pleader for R1 to R3, M/S.J.BARATHAN for M/S.T.R.JEYAPALAN Advocate for R6 & R8 and K.GUHAN, Advocate for R7 & R9 in WP(MD) Nos.13747,13748 & 13749 of 2017 the court made the following order:- List after two weeks.

The interim order already granted is extended till then. sd/- 04/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai TO 1 THE DIRECTORATE OF SCHOOL EDUCATION, DPI COMPOUND, CHENNAI.

2 THE CHIEF EDUCATIONAL OFFICER TIRUNELVELI DISTRICT.

3 THE DISTRICT EDUCATIONAL OFFICER, TIRUNELVELI DISTRICT.

ORDER

IN WP(MD) Nos.13729,13747,13748 & 13749/2017 Date :04/08/2017 DSK SVA/PN/08.08.2017/SAR3/3P.4C