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Madras High Court · body

2014 DIGILAW 3141 (MAD)

M. Sivakumar v. Chief Educational Officer

2014-09-05

D.HARIPARANTHAMAN

body2014
Judgment 1. Heard both sides. 2. The petitioner was serving as Junior Assistant in the third respondent school. Since he became surplus, he was transferred to the fourth respondent school. The petitioner alleged that the fourth respondent school did not permit him to join duty. 3. In these circumstances, the petitioner has filed this writ petition seeking to quash the order dated 03.08.2012 of the first respondent transferring him from third respondent school to the fourth respondent school. 4. While ordering notice of motion, this Court granted interim stay. Hence, the petitioner continues in the third respondent school despite there is no vacancy. 5. When the matter was listed on 27.8.2014, the learned counsel for the petitioner stated that in the adjacent premises of the third respondent, there is a Boys Higher Secondary School and there is a vacancy also. Hence, this Court passed an order dated 27.08.2014 directing the learned counsel appearing for the third respondent to ascertain as to whether any vacancy has arisen in the Chintadripet Boys Higher Secondary School. Though technically the third respondent and the Chintadripet Boys Higher Secondary School are a different entity, they are understood as one Management. 6. Today it is stated that there is a vacancy in the post of Junior Assistant in the Chintadripet Boys Higher Secondary School and the vacancy was caused due to the promotion of one Mr.Gunasekar, who was working as Junior Assistant, to the post of P.G. Assistant (Commerce). 7. In these circumstances, I am inclined to interfere with the impugned order. Accordingly, the impugned order is quashed and a direction is issued to the first respondent to redeploy the petitioner to the Chintadripet Boys Higher Secondary School as Junior Assistant in the vacancy that was caused due to the appointment of the then Junior Assistant as P.G. Assistant (Commerce). The first respondent is directed to pass appropriate orders, within a period of two weeks from the date of receipt of a copy of this order. 8. The writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed.