M SANKARASUBRAMANIAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Petitioner is working as a B.T. Assistant Science in the 5th Respondent School. Aggrieved by the order passed by the 3rd Respondent, the Chief Educational Officer, Theni District, dated 22.06.2010, the Petitioner has come forward to file the present Writ petition.

(2.) By the impugned proceedings, the third Respondent informed the School management that in view of the students strength of the school assessed for the year 2009-2010 academic year, the staff strength has been determined in the Annexure to the impugned order. It was stated that in the said School, two teachers have become surplus in the post of Graduate Assistant. It was also stated that consequent upon the order passed by the 3rd Respondent, a consequential proceedings dated 22.06.2010 was issued redeploying the Petitioner who was a B.T. Assistant from the 5th Respondent School to Village Public Kaligadevi Higher Secondary School, Pathirakalipuram.

(3.) Apparently, the school management is not aggrieved by the said order and even the learned Counsel who appearing for the 5th Respondent states that they are not aggrieved by the earlier order passed by this Court in W.P.(MD) No. 1078 of 2005 and if the Petitioner is not redeemed, it is also a jeopardise the other teachers getting salary as ordered by the Government. However, the learned Counsel for the Petitioner contended that the staff strength fixed by the Respondents is illegal and there is no surplus teacher in the said school, if the calculation is made in terms of the actual student strength.