V MEENAKSHI Vs. STATE OF TAMIL NADU; DIRECTOR OF ELEMENTARY EDUCATION; DISTRICT ELEMENTARY EDUCATIONAL OFFICER; SECRETARY, R RAJARAMAN MIDDLE SCHOOL

JUDGEMENT

(1.) The petitioner was working as a Secondary Grade Teacher in the fourth respondent school with effect from 16.03.1998. The fourth respondent school is an aided school. Going by the strength of the students in the school, during the academic year 2005-2006, it was found by the District Educational Officer, Thanjavur that 2 posts of Secondary Grade Teachers were in surplus in the fourth respondent school. Therefore, the District Elementary Educational Officer, by Proceedings in Na.Ka.No.8225/A3/2005 dated 20.03.2006, issued an order redeploying the petitioner along with the post at the Aided Primary School at Nagarasampettai. The petitioner challenged the same by way of a writ petition in W.P.(MD)No.3433 of 2006 on various grounds including the ground that the petitioner was not a junior so as to be redeployed. Having considered the same, the learned single Judge of this Court, in W.P.M.P.No.3710 of 2006 in W.P.(MD)No.3433 of 2006, granted interim stay. In the said interim order, the learned Judge had observed that while the juniors appointed in 2002 have been retained, the petitioner who was appointed earlier, has been redeployed. That interim order was passed on 13.04.2006. On account of such interim order passed, the petitioner was allowed to continue to work in the same school. Subsequently, in modification of the said interim order passed, by order dated 30.04.2010, this Court passed yet another interim order. Paragraphs 2 to 4 of the said order reads as follows:

(2.) Subsequent to the said order passed, the District Elementary Educational Officer, Thanjavur, by his Proceedings in Mu.Mu.No.2852/A3/ 2006 dated 29.06.2010, issued a consequential order directing the school to retain the petitioner as against the vacancy which had arisen subsequently and also directing to surrender the redeployed post to the Director. It was also stated in the order specifically that the said arrangement was only in pursuance of the interim order passed by this Court on 30.04.2010.

(3.) Subsequently, W.P.(MD)No.3433 of 2006 came up for final hearing. The said writ petition was dismissed by order dated 21.11.2012 holding that the writ petition had become infructuous in view of the order passed by the District Elementary Educational Officer, Thanjavur dated 29.06.2010. The operative portion of the order in paragraphs 2 and 3, reads as follows: