Saratha Devi v. The Chief Educational Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06/11/2025
CORAM
THE HONOURABLE MR. JUSTICE K.KUMARESH BABU Saratha Devi ... Petitioner Vs
1. The Chief Educational Officer, O/o. the Chief Educational Officer, Virudhunagar District..
2. The District Educational Officer, O/o. the District Educational Officer, Sivakasi, Virudhunagar District.
3. The Correspondent, Gurugnana Sampandar Hindu Higher Secondary School, Srivilliputhur Taluk, Virudhunagar District.
4. The Correspondent, Nadar Magamai High School, Elayirampannai, Virudhunagar District.
... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the 1 and 2 respondents to absorb petitioner in any one of the vacant posts of Special Teacher, Drawing in 1/5
Government Aided High Schools or Higher Secondary Schools situated in Watrap Taluk, Virudhunagar District or to the 3rd respondent school by considering petitioners representation dated 17.07.2025. For Petitioner : Mr.A.Balaji, Advocate.
For Respondent : Mr.N.Satheesh Kumar for R1 and R2 Additional Government Pleader Mr.M.Pozhilan for R3
ORDER
This Writ Petition is filed to issue a Writ of Mandamus directing the 1 and 2 respondents to absorb the petitioner in any one of the vacant posts of Special Teacher, Drawing in Government Aided High Schools or Higher Secondary Schools situated in Watrap Taluk, Virudhunagar District or to the 3rd respondent school by considering the petitioner's representation dated 17.07.2025.
2. The petitioner who had been redeployed in view of the surplus teachers available in the said school, to the third respondent school. The third respondent school had indicated that the petitioner being a female could not be accommodated in the school. as it is a boys school as there are lack of facility for female teacher. The petitioner was thereafter redeployed to the fourth 2/5
respondent school. Hence, the petitioner herein had come before this Court, to absorb her in any one of the vacant post of Special Steacher, Drawing in Government Aided High Schools or Higher Secondary Schools situated in Watrap taluk, Virudhunagar District or even in the third respondent school.
3. Learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that there are no vacancy in any of the Government aided school or the Higher Secondary School in the Watrap Taluk.
4. Learned counsel for the petitioner had also placed on record an undertaking affidavit filed by the petitioner, wherein she had categorically made an averment that she will not make a claim or demand for any exclusive facility from the institution / third respondent and discharge her duties sincerely and faithfully.
5. The said undertaking affidavit is taken on record. In view of the undertaking given by the petitioner, the first respondent is directed to consider the claim of the petitioner for redeployment to the third respondent school and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. 3/5
6. With the above said direction, this Writ petition is disposed of. No costs.
06.11.2025 NCC : yes /no Index : yes / no Internet : yes / no pnn To
1. The Chief Educational Officer, O/o. the Chief Educational Officer, Virudhunagar District..
2. The District Educational Officer, O/o. the District Educational Officer, Sivakasi, Virudhunagar District.
3. The Correspondent, Gurugnana Sampandar Hindu Higher Secondary School, Srivilliputhur Taluk, Virudhunagar District.
4. The Correspondent, Nadar Magamai High School, Elayirampannai, Virudhunagar District.
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K.KUMARESH BABU, J pnn
ORDER
IN WP(MD) No.26213 of 2025 Date : 06/11/2025 5/5