Petitioner teacher challenged deputation to Anganwadi. Court found underlying government policy withdrawn and petitioner reverted, closing the writ petition without further adjudication.
Writ petition closed with no order as to costs due to withdrawal of government order underpinning the deputation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(MD)No.12817 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.12817 of 2019 and WMP(MD)No.9548 of 2019
S.Nambi Nachiyar
.. Petitioner
v.
.. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the
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records relating to the impugned order passed by the third respondent in
Na.Ka.No.116/A1/2019 dated 12.01.2019, quash the same and consequently, directing the respondents 1 to 4 to retain the petitioner as Special Grade in the post of Secondary Grade Teacher in the primary school.
No appearance for R.5 *****
ORDER
The petitioner, a Secondary Grade Teacher working in Panchayat Union Middle School, Ervadi, was transferred and posted as an Anganvadi Worker for teaching the Kinder Garden Students. Challenging the same, the petitioner has filed this writ petition.
2.When the writ petition came up for hearing, learned Special Government Pleader, on instructions, submitted that as per G.O.Ms.No.231,
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School Education Department, dated 11.08.2010, the Government has taken a policy decision to debut the surplus teachers to the Anganwadi Centres for teaching Kinder Garden Students and accordingly, the petitioner was deployed. However, he further submitted that the said Government Order has been withdrawn by the Government and consequently, the petitioner has been reverted to her original place of posting. Therefore, nothing survives for further adjudication in this writ petition.
3.It is not known as to how a Teacher, with a qualification for taking higher classes and drawing higher pay, shall be deputed for Anganwadi Centre. This Court fails to understand the basis on which such deputation was made. On the one hand, approvals for appointments were made by the Department unmindful of the Teacher – Student Ratio and on the other hand, the very same Department, by terming these appointments as surplus, deputes the excess Teachers to such Anganwadi Centres. Had the Department acted vigilantly at the approval stage itself, this situation could have been averted.
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There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Index : Yes / No 09.12.2024 NCC : Yes / No gk
To
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B.PUGALENDHI, J.
gk
WP(MD)No.12817 of 2019
09.12.2024
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S.Nambi Nachiyar
Director of Elementary School Education
Chief Educational Officer, Tirunelveli
District Educational Officer, Valliyoor
Block Educational Officer, Kalakad
Sahaya Rani
B.Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
