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2014 DIGILAW 2897 (MAD)

Parameswari v. Joint Director of School Education, College Road, Chennai

2014-08-26

S.NAGAMUTHU

body2014
Judgment : The petitioner was previously working as B.T. Assistant in Mathematics subject in the Panchayat Union Middle School at Kulathurnaickanpatti, Kantharvakottai Taluk, Pudukkottai District. She had made a request to the Joint Director of School Education, seeking transfer from the said unit to Ramanathapuram unit, which is another unit. That was under the consideration of the Joint Director. While so, the District Educational Officer, Pudukkottai, by his proceedings in Na.Ka.No.1298/A3/08, dated 11.08.2009, issued an order transferring the petitioner from the said school to the Panchayat Union Middle School at Badhrahalli, in Pennagaram Panchayat Union, Dharmapuri District. In pursuance of the said order, the Assistant Elementary Educational Officer, Kandharvakottai, by his proceedings in Na.Ka.No.186/A/2009, dated 11.08.2009, relieved her from the Panchayat Union Middle School, Kulathurnaickanpatti, Kandharvakottai Taluk, Pudukkottai District on 11.08.2009 so as to enable her to join duty at Panchayat Union Middle School, Badhrahalli, Pennagaram Panchayat Union, Dharmapuri District. According to the petitioner, in pursuance of the said order, she went to Pennagaram Panchayat Union Middle School and joined in the said school and immediately thereafter she went on medical leave from 12.08.2009 to 19.08.2009. 2. In the meanwhile, the Joint Director of School Education, by his proceedings in Na.Ka.No.89070/C3/E2/2009, dated 25.09.2009, transferred the petitioner from the Panchayat Union Middle School, Kulathurnaikanpatti, Kandharvakottai, Pudukkottai District to the Government High School at T.Mariyoor, Ramanathapuram District. When the petitioner approached the Headmaster of the Government High School at T.Mariyoor, he expressed his inability to allow her to report for duty, since there was no proper order relieving her from Pennagaram Panchayat Union Middle School at Badhrahalli, in Dharmapuri District. Thereafter, the petitioner filed a writ petition before this Court in W.P.(MD)No.10742 of 2009, seeking a direction to the DEEO, Pudukkottai, to issue a proper relieving order so as to enable the petitioner to report for duty at the Government High School at T.Mariyoor. When the said writ petition came up for hearing on 05.11.2009, a learned Single Judge of this Court in that case was informed that no relieving order has been passed. Acting on the said representation made by the learned Special Government Pleader, this Court issued a direction to the Joint Director to issue relieving order within a period of ten days from the date of receipt of a copy of this order so as to enable the petitioner to join duty in the Government High School at T.Mariyoor. Acting on the said representation made by the learned Special Government Pleader, this Court issued a direction to the Joint Director to issue relieving order within a period of ten days from the date of receipt of a copy of this order so as to enable the petitioner to join duty in the Government High School at T.Mariyoor. 3. In pursuance of the said order, the District Elementary Educational Officer, Pudukkottai, by his proceedings in Na.Ka.No.1298/B3/08, dated 12.12.2009, stated that the petitioner had already been relieved from the Kantharvakottai Panchayat Union Middle School, at Kulathurnaikanpatti, in Pudukkottai District as early as on 11.08.2009 itself and therefore, no further order could be passed. Thereafter, the respondents therein filed an appeal before a Division Bench of this Court as against the order made in W.P.(MD).No.10742 of 2009. When the appeal came up on 30.04.2010, the Division Bench was informed that the petitioner had already been relieved from duty on 11.08.2009 itself. The Division Bench took note of the same and made an observation that this fact has not been brought to the notice of the learned Single Judge. The Division Bench also took note of the fact that the relieving order should have been issued relieving the petitioner from the Panchayat Union Middle School, Badhrahalli, Pennagaram Panchayat Union, Dharmapuri District, so as to enable her to join duty at the Government High School at T.Mariyoor, Ramanathapuram District. On this footing, the Division Bench, with a view to set right all these confusions, directed the Joint Director to withdraw the earlier order, dated 25.09.2009, issued by the Joint Director, transferring the petitioner from the Panchayat Union Middle School at Kulathurnaikanpatti, in Pudukkottai District and instead to issue a rectified order transferring her from the Panchayat Union Middle School at Badhrahalli, Pennagaram Panchayat Union, so as to enable the petitioner to report for duty at Government High School, T.Mariyoor in Ramanathapuram District. 4. In compliance of the said order, the Joint Director issued yet another order in Na.Ka.No.89070/C3/E2/2009, dated 28.05.2010, cancelling the earlier order of transfer and issuing fresh order of transfer transferring the petitioner from the Panchayat Union Middle School, Badhrahalli, Pennagaram Panchayat Union, Dharmapuri District, to the Government High School at Uchipuli, in Ramanathapuram District. In pursuance of the same, the petitioner joined duty in the said school and thereafter, in the general counselling, she was transferred to Kanyakumari District. In pursuance of the same, the petitioner joined duty in the said school and thereafter, in the general counselling, she was transferred to Kanyakumari District. Now she is working at Government High School, at Ottayanvillai, Kanyakumari District. 5. Subsequently the question of regularisation of her service between 11.08.2009 and 03.06.2011 came up for consideration. The petitioner made a request to regularise the said period as duty period because for no fault of her she was made to suffer. That was not considered. Therefore, the petitioner filed yet another writ petition in W.P.(MD).No.5934 of 2011, wherein this Court, by order dated 09.06.2011, issued a direction to the respondents to consider the representation sent by the petitioner so as to regularise her services. In pursuance of the same, now the Assistant Elementary Educational Officer, Pennagaram, has issued a proceeding in Na.Ka.No.1569/A2/2011, dated 12.08.2011, treating 17 days between 11.08.2009 and 27.08.2009 as Earned Leave, 90 days between 28.08.2009 and 25.11.2009 as duty period with half salary and 190 days between 26.11.2009 and 03.06.2010 as leave on loss of pay on medical certificates. This order is now under challenge in this writ petition. 6. I have heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. I have also perused the records carefully. 7. This case is a classic example as to how the official machinery has shown its Nelson's eye to thewoes of the petitioner. The narration of the facts would go to show that how many number of times the petitioner was driven to this Court and this Court has made to spend its valuable time on these avoidable litigations. Had the educational authorities been vigilant in issuing orders at every stage, all these complications would not have come. As a matter of fact, even the valuable time of the Division Bench of this Court has been wasted on the earlier occasion. 8. Admittedly, the petitioner was transferred by the DEEO, from Kulathurnaikanpatti to Badhrahalli and she also joined duty. When that fact remains, it is not understandable as to how, without reference to the fact as to whether she was working at a particular place, the Joint Director had passed orders transferring her from Panchayat Union Middle School at Kulathurnaikanpatti to the Government High School at T.Mariyoor in Ramanathapuram District. When that fact remains, it is not understandable as to how, without reference to the fact as to whether she was working at a particular place, the Joint Director had passed orders transferring her from Panchayat Union Middle School at Kulathurnaikanpatti to the Government High School at T.Mariyoor in Ramanathapuram District. This order shows that the Joint Director had no occasion even to verify the back files. After the order of the Joint Director, when the petitioner had approached the Headmaster of the Government High School at T.Mariyoor, quite naturally the said Headmaster had expressed his inability to allow her to join duty, because there was no proper relieving order from the school at Badhrahalli. 9. In order to get an appropriate order relieving her she had approached this Court. When that writ petition came up for hearing, it was not even informed to the learned Single Judge that she had already been relieved from Panchayat Union Middle School at Kulathurnaikanpatti so as to enable her to join duty in Pennagaram Panchayat Union Middle School at Badhrahalli. This had to be corrected by the Division Bench. Having noticed all these complications, the Division Bench, with a view to set the things right, issued a direction to the Joint Director to issue a fresh order of transfer transferring her from Pennagaram Panchayat Union Middle School at Badhrahalli to the Government High School at Mariyoor. That is how the subsequent order came to be passed and accordingly, she joined duty at Government High School, Uchipuli, Ramanathapuram District. In the interregnum period, the petitioner was not working anywhere. For that she cannot be blamed. Because of the number of orders passed contradicting each other, the petitioner had to suffer for a long time and she had to approach this Court to set the things right. For these acts of the officials of the Education Department, the petitioner cannot be allowed to suffer by losing her salary. The AEEO, Pennagaram, has not assigned any valid reason as to why he has declined to regularise her service between 11.08.2009 and 03.06.2010 as duty period. The impugned order, dated 12.08.2011, passed by the AEEO, therefore, deserves to be interfered with by this Court. 10. The AEEO, Pennagaram, has not assigned any valid reason as to why he has declined to regularise her service between 11.08.2009 and 03.06.2010 as duty period. The impugned order, dated 12.08.2011, passed by the AEEO, therefore, deserves to be interfered with by this Court. 10. In the result, the writ petition is allowed and the impugned order is set aside with a direction to the AEEO, Pennagaram to regulaise the service of the petitioner between 11.08.2009 and 03.06.2010 as duty period and sanction all her monetary benefits, including the full wages. It is further directed that the consequential order in this regard shall be passed by the AEEO, Pennagaram, within a period of eight weeks from the date of receipt of a copy of this order. No costs.