K.Gnana Ruby v. The District Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP (MD) No.24662 of 2024 K.Gnana Ruby ... Petitioner vs.

1. The District Educational Officer, (Elementary Education) Theni Education District, Theni.

2. The District Educational Officer, Tirumangalam Education District,

3. The Superintendent of RC Schools, Archdiocese of Madurai, Nobili Pastoral Centre, Bishops House, K.Pudur Madurai 625007.

4. The Correspondent, R.C. Primary School, 1/6

Kottur 625534, Theni District.

5. The Correspondent, R.C. Primary School, Sempatti, Sedapatti Union, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records pertaining to the Impugned Order of Re - deployment passed by the 3rd Respondent vide his Proceedings in Ref. No. TA/2024-2025/2, dated 21.10.2024 and consequential Impugned Relieving Order of the 3rd Respondent dated 19.11.2024 and quash the same as illegal and for other reliefs.

For Petitioner : Mr.J.Lawrance For Respondents : Mr.M.Siddharthan Addl. Government Pleader for R1 and R2 Mr.S.Savarimuthu for M/s.FFather Xavier Associates for R3 - R5

O R D E R

This writ petition has been filed challenging the re-deployment order dated 21.10.2024 and the consequential order dated 19.11.2024, passed by the third respondent.

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2. The case of the petitioner is that he was appointed as a Junior Grade Secondary Grade Teacher in U.C. Middle School, Periyakulam, in a vacancy that arose due to the death of a Secondary Grade Teacher. The said post is one among the sanctioned posts in the school. The petitioner's appointment was approved by the first respondent on 28.06.2004. The said school is a recognized minority institution administered by the Madurai-Ramnad C.S.I. Diocese. In 2005, the post was declared surplus and consequently, the petitioner was redeployed to the fourth respondent school, which falls under the control of the third respondent/the Roman Catholic Archdiocese. This school is also a minority institution receiving grant-in-aid from the State Government. Subsequently, the petitioner was further redeployed from Kottur R.C. Primary School to Sedapatti R.C. Primary School. Aggrieved by this, the petitioner has filed the present writ petition.

3. The learned counsel for the petitioner submitted that the writ petition has been filed primarily on the ground that, in cases of surplus staff, the junior-most individual should be redeployed. However, in this case, the petitioner, 3/6

being the senior-most teacher in the school was redeployed, which is contrary to the guidelines issued by the State Government. Secondly, it was argued that the redeployment order should have been issued by the District Educational Officer, not by the School Management, as has been done in this case. Accordingly, he prays to allow the writ petition.

4. This Court, by its order dated 12.08.2025, directed the first respondent to conduct an inquiry to ascertain whether the petitioner is the seniormost teacher in the fourth respondent school. Pursuant to the inquiry, the first respondent/District Educational Officer filed a report dated 18.08.2025, confirming that the petitioner is indeed the senior-most teacher and that a juniormost individual is also available in the school.

5. At this stage, the learned counsel appearing for the respondents 3 to 5, on instructions, submitted that the impugned order would be withdrawn forthwith and appropriate orders would be passed in accordance with the Government Orders.

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6. In view of the submissions made by both sides, the writ petition stands allowed. The impugned re-deployment order dated 21.10.2024, is hereby set aside and the petitioner is permitted to join her original place within a period of one week from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 20.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN To

1. The District Educational Officer, (Elementary Education) Theni Education District, Theni.

2. The District Educational Officer, Tirumangalam Education District,

3. The Superintendent of RC Schools, Archdiocese of Madurai, Nobili Pastoral Centre, Bishops House, K.Pudur, Madurai 625007.

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M.DHANDAPANI ,J.

PKN ORDER MADE IN DATED : 20.08.2025 6/6