Madras High Court
Ponmalar vs The Secretary To The Government on 2 September, 2021
W.P.(MD) No.10129 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.(MD) No.10129 of 2021
and
W.M.P.(MD) No.7853 of 2021
Ponmalar ... Petitioner
-vs-
1.The Secretary to the Government
Department of School Education
St.George Fort, Chennai
2.The Director of School Education
DPI Compound
College Road, Chennai
3.The Chief Educational Officer
Tirunelveli
Tirunelveli District
4.The District Educational Officer
Cheranmahadevi
Tirunelveli District
5.The Correspondent
West Tirunelveli Higher Secondary School
Nallur, Tirunelveli District ... Respondents
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W.P.(MD) No.10129 of 2021
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of mandamus directing the 3rd and 4th respondents to approve the
appointment of the petitioner as Tamil Pandit in the fifth respondent school
from the date of appointment i.e., from 01.07.2019 and confer all the
consequential benefits.
For Petitioner : Mr.Chellapandian.S.
For Respondents : Mr.A.K.Manickam
Government Counsel for R1 to R4
Mr.H.Arumugam for R5
ORDER
The prayer in this writ petition is for issuance of a writ of
mandamus directing the respondents 3 and 4 to approve the appointment of
the petitioner as Tamil Pandit in the fifth respondent School from the date of
her appointment i.e., from 01.07.2019 and to confer all the consequential
benefits to her.
2. The petitioner was appointed as BT Assistant (Tamil) in the fifth
respondent School on 01.07.2019. On 08.07.2019, the Management of the
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https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.10129 of 2021
School sent a proposal to the fourth respondent seeking approval for the
appointment of the petitioner and to grant-in-aid and the same is pending
consideration. At this stage, it was informed that there is a proposal to deploy
the surplus teachers from the fifth respondent School and to terminate the
petitioner's service. Hence, the petitioner has filed this writ petition seeking
direction to the respondents to approve her appointment as BT Assistant
(Tamil).
3. The learned counsel appearing for the petitioner submitted that
due to change in the educational agency, the respondent School is taking
steps to terminate the service of the petitioner.
4. The learned Government Counsel appearing for the respondents
1 to 4 would submit that the Honourable Division Bench of this Court, in the
Judgment dated 31.03.2021 in W.A.(MD) No.76 of 2019 etc. batch, has issued
certain directions to the Educational Authority for re-deploying the surplus
teachers to the needy schools and therefore, these aspects have to be
considered by the Authority concerned in this case.
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W.P.(MD) No.10129 of 2021
5. The learned counsel appearing for the fifth respondent
Management submitted that the petitioner is not working in the fifth
respondent School and by making misrepresentation, she obtained interim
orders in this case and there is no proposal submitted by the Management
seeking approval for appointment of the petitioner as stated by her.
6. In view of the above submissions, this Court passes the following
orders:
(i) It is open to the petitioner to make a
representation to the Educational Authority within
a period of one week from the date of receipt of a
copy of this order.
(ii) If any representation is made by the petitioner as
stated above and any proposal dated 08.07.2019 is
pending, the Educational Authority shall consider
the same and pass appropriate orders after
providing due opportunity to the School
Management, within a period of eight weeks from
the date of receipt of a copy of this order.
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W.P.(MD) No.10129 of 2021
(iii) If no such proposal is pending, the Educational
Authority shall communicate the same to the
parties concerned forthwith.
(iv) Till final decision is taken in this matter by the
Educational Authority as stated above, status quo
as on date shall be maintained by both the parties.
(v) No costs. Consequently, connected miscellaneous
petition is closed.
02.09.2021
Index : Yes / No
Internet : Yes / No
Note :
In view of the present lock down
owing to COVID-19 pandemic, a
web copy of the order may be
utilized for official purposes, but,
ensuring that the copy of the
order that is presented is the
correct copy, shall be the
responsibility of the advocate /
litigant concerned.
krk
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https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.10129 of 2021
To:
1.The Secretary to the Government,
Department of School Education,
St.George Fort, Chennai.
2.The Director of School Education,
DPI Compound,
College Road, Chennai.
3.The Chief Educational Officer,
Tirunelveli,
Tirunelveli District.
4.The District Educational Officer,
Cheranmahadevi,
Tirunelveli District.
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https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.10129 of 2021
D.KRISHNAKUMAR, J.
krk
W.P.(MD) No.10129 of 2021
and
W.M.P.(MD) No.7853 of 2021
02.09.2021
____________
https://www.mhc.tn.gov.in/judis/
