Murugesan. S v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023 CORAM THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)Nos.13035 & 13840 of 2023 and WMP(MD)Nos.11036, 11037, 11678, 11679 of 2023 S.Murugesan ... Petitioner in WP(MD)No.13035 of 2023 T.S.Sethu ... Petitioner in WP(MD)No.13840 of 2023 Vs.

1.The Chief Educational Officer, Sivagangai District.

2.The Secretary, Sri Visalakshi Kalaisalai Higher Secondary School, Thekkur, Sivagangai District. ... Respondents 1 & 2 in WP(MD)No.13035 of 2023

3.The State, rep.by its Secretary, School Education Department, Government of Tamil Nadu, Fort St.George, Chennai.

4.The Chief Educational Officer, Sivagangai District. ... ... Respondents 1 & 2 in WP(MD)No.13840 of 2023 Prayer in WP(MD)No.13035 of 2023 : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the entire records connected with the proceedings in Na.Ka.No.4812/A2/2022 dated 12.12.2022 declaring Social Science (History) Teacher as surplus in SVK Higher Secondary School, A.Thekkur in Sivagangai district and consequential deployment order in Na.Ka.No.4812/A2/2022 dated 16.05.2023 issued by the respondent No. 1 and quash the same. Prayer in WP(MD)No.13840 of 2023 : Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the entire records connected with the proceedings in Na.Ka.No. 4812/A2/2022 dated 12.12.2022 issued by the Second Respondent declaring Social Science (History) Teacher and surplus in SVK Higher Secondary School, A.Thekkur in Sivagangai District and quash the same. Petitioner : Mr.S.Malaikani in WP(MD)No.13035 of 2023 Petitioner : Mr.P.Devarajan in WP(MD)No.13840 of 2023 For Respondents : Mr.N.Satheeshkumar in both cases Additional Government Pleader COMMON ORDER Heard the learned counsel on either side.

2.On account of the staff fixation done by the department, a teacher was rendered surplus and he was re-deployed. Subsequently, the issue was revisited. But then, it turned out that the teacher, namely, S.Murugesan was not a surplus teacher and that the earlier proceedings were recalled. Therefore, nothing survives for adjudication in these writ petitions. These writ petitions are disposed of. No costs. Connected miscellaneous petitions are closed.

30.06.2023 Index : Yes / No Internet : Yes/ No SKM To

1.The Chief Educational Officer, Sivagangai District.

2.The Secretary, School Education Department, Government of Tamil Nadu, Fort St.George, Chennai.

G.R.SWAMINATHAN, J. SKM WP(MD)Nos.13035 & 13840 of 2023 and WMP(MD)Nos.11036, 11037, 11678, 11679 of 2023

30.06.2023