SECRETARY DEVASAGAYAM CHETTIAR MIDDLE SCHOOL Vs. REXLINE MARY AND DISTRICT ELEMENTARY EDUCATIONAL OFFICER

JUDGEMENT

(1.) The petitioner claiming to be the Secretary of the Devasahayam Chettiar Middle School, 25, North Masi Street, Madurai, has filed the writ petition challenging an order dated 01.07.2008, passed by the District Elementary Educational Officer, Madurai. By the impugned order, the District Elementary Educational Officer, Madurai informed the petitioner that the petitioner's school application for approving the punishment imposed on the third respondent, school teacher cannot be considered by the Department since she had already filed a Writ Petition being W.P.(MD). No. 9314 of 2007, which is pending. Therefore, the authority refused to consider the application filed under Section 22(1) of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 .

(2.) Since the Department referred to W.P. (MD). No. 9314 of 2007, it is necessary to refer to the said writ petition in detail. In that writ petition, the school teacher by name Ms. Rexiline Mary working as a Secondary Grade Teacher challenged an order of the School Committee dated 11.10.2007, by which she was placed under suspension for certain misconduct and in order to enquire into those charges. She was informed that she should not move from the headquarters and that she will be paid subsistence allowance as per the Rules in force.

(3.) The order of suspension came to be challenged by the school teacher after waiting for a period of one month in W.P.(MD). No. 9314 of 2007. In that writ petition, the school teacher contended that she had already resigned from service and the suspension order came to be passed subsequent to her resignation. The charges levelled against her were not grave enough warranting suspension and she had already refuted the allegations made by the management.