Madras High CourtWP(MD)/2734/2013closed

S.Vani,Secondary Grade Teacher v. The District Elementary

2019-06-12Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.2734 of 2013 and M.P.(MD)No.1 of 2013 S.Vani ... Petitioner -Vs1.The District Elementary Educational Officer, Office of the District Elementary Educational Officer, Theni District.

2.The Additional Assistant Elementary Educational Officer, Office of the Additional Assistant Elementary Educational Officer, Chinnamanur, Theni District.

3.The Secretary, Muthiah Elementary School, Ku.Duraisamypuram, Chinnamanur Union, Theni District.

4.A.Ramaraj 5.S.Mariappan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the third respondent in Mu.Thu.No.8/2013 dated 30.01.2013 and quash the same as illegal and consequently direct the respondents herein to reinstate the petitioner in service with all monetary and attendant benefits from 27.08.2012 with regularization of service within a reasonable time.

For Petitioner : Mr.K.Appadurai For R1 and R2 : Mr.M.Jeyakumar Additional Government Pleader For R4 : Mr.Arulvadivel @ Sekar For R3&R5 : No Appearance

ORDER

The learned counsel appearing for the fourth respondent made a statement that the order of punishment issued by the School Management was not proved by the competent authorities with reference to the provisions of the Tamil Nadu Recognized Private Schools (Regulation) Act. In this regard, The District Educational Officer has passed an order in proceedings dated 20.02.2013. The https://hcservices.ecourts.gov.in/hcservices/

fact remains that the punishment of termination was considered as excessive and accordingly, the same was not proved. Thus the writ petition deserves no further adjudication. Accordingly, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

sd/ Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar(CS ) To 1.The District Elementary Educational Officer, Office of the District Elementary Educational Officer, Theni District.

2.The Additional Assistant Elementary Educational Officer, Office of the Additional Assistant Elementary Educational Officer, Chinnamanur, Theni District.

+1 CC to Mr.C.ARUL VADIVEL @ SEKAR, Advocate ( SR-68343[F] dated 13/06/2019 ) +1 CC to SPL GP ( SR-68587[F] dated 13/06/2019 ) W.P.(MD)No.2734 of 2013 12.06.2019 ta MK (21.06.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/