IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 18.02.2010 CORAM The Hon'ble Mr. Justice R. SUDHAKAR Writ Petition No.42697 of 2006 S. Theerthagiri .. Petitioner Vs 1. Director of School Education, Chennai – 6 2. The District Educational Officer, Tiruvannamalai .. Respondents Prayer: Original Application No.6623 of 1999 on the file of Tamil Nadu Administrative Tribunal, on abolition, transferred to the file of this Court and renumbered as W.P.No.42697 of 2006, praying for the issuance of a writ of Mandamus, under Article 226 of the Constitution of India to call for the records pertaining to the orders passed by the second respondent in his proceedings Na.Ka.No.514/A1/99 dated 15.10.1999 and the consequential proceedings in Na.Ka.No.514/A1/ 99 dated 15.10.1999 cancelling the regularisation and set aside the same and direct the respondents to confirm the regularisation made in the cadre of Record Clerk from 27.10.1998. For Petitioner : Mr. S. Ganesan for M/s. C. Selvaraju For Respondents : Mr. S. Shivashanmugam Government Advocate ORDER This writ petition is filed to call for the records pertaining to the orders passed by the second respondent in his proceedings Na.Ka.No.514/A1/99 dated 15.10.1999 and the consequential proceedings in Na.Ka.No.514/A1/ 99 dated 15.10.1999 cancelling the regularisation and set aside the same and direct the respondents to confirm the regularisation made in the cadre of Record Clerk from 27.10.1998. 2. The petitioner, non teaching staff/joined as O.A. in the panchayat union school. In the year 1981, the non teaching staff, which includes clerks, office assistant etc. were absorbed as https://hcservices.ecourts.gov.in/hcservices/ Government Servants. The petitioner was given an option to state as to whether he should be treated as Government Servants or Panchayat union staff. The petitioner opted for Government service and continued to hold the posts as such. On 4.6.1997, he was promoted as record clerk. Thereafter, on 15.10.99, a show cause notice was issued by the District Educational Officer/ second respondent calling upon him to show cause within 15 days from the date of receipt of the notice as to why, he should not be reverted as office assistant. The second respondent strangely after having given 15 days time to reply to the show cause notice passed the impugned proceedings on the very same date i.e. on 15.10.99 reverting him as office assistant and cancelled the order of regularising him as record clerk. Aggrieved thereby, the present writ petition has been filed. The original application was filed in the year 1999 and the petitioner has the benefit of stay of the impugned proceedings. The petitioner continued in service. The petitioner however would have superannuated in the mean time due to efflux of time. 3. The main grievance of the petitioner appears to be that there has been gross violation of Principles of Natural Justice inasmuch as the impugned order has been passed on the date of issuance of the show cause notice itself. 4. A reply affidavit has been filed stating that promotion has been given wrongly and the Rules have been framed. The only issue that needs to be considered and decided in the present cases is that the impugned order has been passed on the date of issuance of show cause notice itself i.e. On 15.10.1999. The petitioner having been given 15 days time to reply to the show cause notice, was reverted and the order of regularisation was cancelled on the very same day. This clearly establishes the arbitrary nature of the proceedings of the second respondent. There has been gross violation of principles of natural justice and an opportunity to reply to the show cause notice has been denied. For all the above said reasons, the impugned order deserves to be set aside and is accordingly set aside. This writ petition is ordered as above. No costs. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar ra https://hcservices.ecourts.gov.in/hcservices/ To 1. Director of School Education, Chennai – 6 2. The District Educational Officer, Tiruvannamalai 1 cc to Government Pleader, Sr.No.11303 W. P. No.42697 of 2006 AKR {CO} TP/8.3.2010. https://hcservices.ecourts.gov.in/hcservices/