1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27/06/2011 CORAM THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.3297 of 2011 A.Rajesh 6/22 – D Shalom North Street, Pudukadai Kanyakumari District. ..Petitioner Vs. 1.The State of Tamil Nadu rep. By its Secretary, Education Department Fort St. George, Chennai. 2.The Director of School Education, College Road, Nungambakkam, Chennai. 3.The Joint Director of School Education, (Employee Section), College Road, Nungambakkam Chennai. 4.The Chief Educational Officer Nagercoil, Kanyakumari District. 5.The District Elementary Educational Officer, Nagercoil, Kanyakumari District. 6.The Assistant Elementary Educational Officer, Karungal,Kanyakumari District. ..Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the fifth respondent vide Na.Ka.No.964/A2/2011 culminating in her order dated 16.03.2011, quash the same and direct the fifth respondent to reinstate the petitioner in service as Secondary Grade Teacher in Government Primary School, Kiliyoor Native, Killiyoor Post, Kanyakumri District. For petitioner ...Mr.C.Rajakumar For Respondents ...Mr.T.S.Mohammed Mohideen Addl. Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 2. By consent, the writ petition is taken up for final hearing. 3. Challenging the impugned order of the fifth respondent, dated 16.03.2011, removal of the petitioner from the post of Secondary Grade Teacher with a further direction to the fifth respondent to reinstate him in service in Government Primary School, Killiyoor Taluk, Kanyakumari District, the present writ petition is filed. 4. Admittedly, the said order came to be passed in view of the orders passed by the learned Single Judge in W.P.(MD) No.3413 of 2010, dated 18.11.2010. The said writ petition was filed by the petitioner challenging the show cause notice, dated 09.03.2010, of the Director of School Education, Chennai. The petitioner, thereafter preferred an appeal before the Division Bench of this Court in Writ Appeal No.48 of 2011. By an order, dated 14.02.2011, the Division Bench has allowed the Writ Appeal. The operative portion of the judgment at Paragraph Nos.12 and 13 are usefully extracted hereunder: “12.Therefore, we are of the opinion that the termination of the appellant from service pursuant to the show cause notice issued to him after a lapse of 14 years, would certainly affect the livelihood of his entire family at this length of time. Moreover, the appointment given to the appellant is not against any statutory regulations. Therefore, we are of the considered view that the appellant, having been allowed to continue in service for over 14 years cannot be now removed from service. https://hcservices.ecourts.gov.in/hcservices/ 3 13.Accordingly, the writ appeal is allowed. The order of the learned Single Judge is set aside. The impugned show cause notice, dated 09.03.2010 is quashed. The respondents shall not remove the appellant from service on the ground alleged in the show cause notice. No costs. Consequently, connected M.P. is closed. “ The impugned order came to be passed in view of the order passed by the learned Single Judge of this Court referred to above. Since the Division Bench has set aside the order, which has been extracted above, the impugned order is liable to set aside and accordingly set aside. The Writ Petition stands allowed. It is needless to say that the fifth respondent has to reinstate the petitioner and the said exercise has to be carried out by him within a period of four weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (C.O.) /True Copy/ Sub Assistant Registrar To 1.The Secretary, State of Tamil Nadu, Education Department Fort St. George, Chennai. 2.The Director of School Education, College Road, Nungambakkam, Chennai. 3.The Joint Director of School Education, (Employee Section) College Road, Nungambakkam, Chennai. 4.The Chief Educational Officer, Nagercoil, Kanyakumari District. 5.The District Elementary Educational Officer, Nagercoil, Kanyakumari District. 6.The Assistant Elementary Educational Officer, Karungal, Kanyakumari District. +1cc to The Special Government Pleader, SR.No.20415 RR akm/5.7.11 /3p-8c/ W.P.(MD) No.3297 of 2011 27.06.2011 https://hcservices.ecourts.gov.in/hcservices/