K.Veeraragavan Vs the State of Tamilnadu

State of Tamil Nadu, Represented by its Principal Secretary to Government, School Education Department, Fort St. George, Secretariat, Chennai 600 009.

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The Director of School Education, DPI Campus, College Road, Chennai 600 006.

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The Chief Educational Officer, Villupuram District.

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The District Educational Officer, Tindivanam, Villupuram District.

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Sri Sivaprakasa Swamigal Higher Secondary School, Rep by its Correspondent, Mailam, Villupuram.

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W.P.No. 32169 of 2024

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Gandhi Higher Secondary School, Rep by its Correspondent, Thiruchitrambalam, Vanoor, Villupuram

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...Respondents

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Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to5 to permit the petitioner to join duty in the 5^th respondent school as BT Assistant Tamil and treat the period from 05.06.2024 to 31.06.2024 as period on duty and direct the respondents to pay the petitioner's arrears of salary from June 2024 to September 2024 to continue Regular payment of salary from June 2024 to September 2024 and to continue regular payment of salary due to him and pass orders.

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For Petitioner : Mr.N. Kavitha Rameshwar For Respondents1 to 4 : Mrs.S. Mythreye Chandru,SGP For Respondent 5 : Mr. S. Neduncheziyan,GP ORDER

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This writ petition is filed seeking to issue a Writ of Mandamus directing the respondents to permit the petitioner to join duty in the 5^th respondent school as BT Assistant-Tamil and treat the period from 05.06.2024 to 31.06.2024 as period on duty and direct the respondents to

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pay the petitioner's arrears of salary from June 2024 to September 2024 to continue Regular payment of salary from June 2024 to September 2024 and to continue regular payment of salary due to him and pass orders.

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The facts of the case is that the petitioner was appointed as B.T.Assistant(Tamil) in the 6^th Respondent/School on 15.11.2010. The 3^rd Respondent passed an order redeploying the petitioner from the 6^th respondent school to 5^th respondent School on 30.05.2024. Pursuant to which the petitioner was relieved from the 6^th respondent school. The sum and substance of the case is that the 5^th Respondent/School does not permit the petitioner to join duty, due to which the petitioner made various representations in this regard and finally the 3^rd respondent vide order dated 13.06.2024 permitted the petitioner to join duty. The further case of the petitioner is that inspite the petitioner made several representation requesting for payment of salary from June 2024 and also to treat the period from 05.06.2024 to 31.06.2024 as duty period, the same was not considered. Thereafter, due to illness the petitioner took

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medical leave. The grievance of the petitioner is that after availing Medical Leave when the petitioner went to join duty the 5^th respondent did not permit the petitioner to join duty. Hence, this petition.

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When the matter is taken up for hearing on 28.10.2024 this Court made an observation that considering the animosity shown by the 5^th Respondent/School against the petitioner, it is very difficult for the petitioner to continue with the 5^th Respondent/School. Therefore, a direction was issued to the 3^rd respondent to ensure that either the petitioner should be properly treated in the 5^th respondent School by giving all the attendant benefits or the petitioner has to be sent back to the 6^th Respondent School. A decision in this regard shall be taken by the 3^rd respondent and report before this Court.

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Thereafter, when the matter is take up for hearing on 27.11.2024 the learned Special Government Pleader appearing for the respondents produced the proceedings of the CEO, Villupuram in NA.Ka.No.8010/A4/2024 dated 26.11.2024 wherein, it is stated that they

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would calculate the leave, which was already taken and would further calculate the period, which the petitioner is eligible for salary and would report before this Court. After the submission made by the learned Special Government Pleader, the counsel for the petitioner submitted that the petitioner is ready and willing to continue in the 5^th respondent School, but the 5^th respondent is refusing to permit the petitioner to carry out the job. Recording the submission made by the learned counsel for the petitioner this Court directed the 5^th Respondent/School to permit the petitioner to continue his service till appropriate orders are passed.

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Again when the matter is taken up hearing on 19.12.2024 the learned counsel for the petitioner submitted that the petitioner is still facing difficulty to join in the 5^th Respondent/School. Hence, this Court directed the Respondents 1 to 4 to consider the request of the petitioner to transfer to any other school and report before this Court on 02.01.2025.

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Today i.e 02.01.2025 when the matter is taken up for hearing the

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learned Special Government Pleader appearing for the respondents produced the proceedings of the third respondent in NA.Ka.No.8010/A4/2024 dated 21.12.2024 wherein it is stated that the petitioner was transferred to Gandhi Memorial School, Thiruvenninellur, Villupuram District, Villupuram.

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On a perusal of the proceedings of the third respondent in NA.Ka.No.8010/A4/2024 dated 21.12.2024 it is made clear that the request of the petitioner with regard to transfer has been considered by the third respondent. But in the said proceedings there is no observation with regard to treating the period from 05.06.2024 to 31.06.2024 as period on duty and arrears of salary to be paid to the petitioner.

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In view of the above, this Court directs the third Respondent to consider the aspect with regard to treating the period from 05.06.2024 to 31.06.2024 and arrears of salary and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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