A Secondary Grade Teacher challenged his transfer and posting as Anganwadi Worker. The Government Pleader reported that the Government Order authorising such deputation had been withdrawn and the petitioner was reverted to his original post. The court closed the writ petition as nothing survived for adjudication.
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WP(MD)No.14964 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.14964 of 2019 and WMP(MD)Nos.11474, 12051 of 2019
K.Karikalan
.. Petitioner
v.
4.B.Thilagavathi
PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order in Na.Ka.No.5765/A2/2019 dated 11.01.2019 of the first respondent, quash the same and consequently,
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directing the respondents 1 & 2 to deploy any one of the respondents 3 to 5 in the Anganwadi Centre in the Panchayat Union Middle School, Kurichi,
Kulithalai Union, Karur District.
For Petitioner : Mr.T.Pon Ramkumar
For Respondents : Mr.P.T.Thiraviam, Government Advocate for R.1, R.2
No appearance for R.3 to R.5 *****
ORDER
The petitioner, a Secondary Grade Teacher working in Panchayat Union Middle School, Kulithalai, 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.270, School Education Department, dated 10.07.2012, the Government has taken a policy decision to debut the surplus teachers to the Anganwadi Centres
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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 However, he further submitted that the said Government Order has been withdrawn by the Government and consequently, the petitioner has been reverted to her original place of posting.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.
4.Be that as it may, since it is now reported that the Government Order, based on which such deputation has been made itself, has been 3/5
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withdrawn and that the petitioner has been reverted back to her original
place of posting, this writ petition stands closed as no further order is required to be passed.
There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
Index : Yes / No 09.12.2024 NCC : Yes / No gk
To
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WP(MD)No.14964 of 2019
B.PUGALENDHI, J.
gk
WP(MD)No.14964 of 2019
09.12.2024
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1 issue framed by the court
Whether the deputation of a Secondary Grade Teacher to an Anganwadi Centre under G.O.Ms.No.270 dated 10.07.2012 was sustainable when that Government Order had been withdrawn.
1 provisions across 1 enactments
K.Karikalan
The District Educational Officer, Kulithalai, Karur District
The Block Educational Officer, Kulithalai Union, Karur District
N.S.Safna Afrin
B.Thilagavathi
S.Vahitha Rahman
B.Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
