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CDJ 2026 MHC 6074 My Notes print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : WP. (MD). No. 16673 of 2026
Judges: THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR
Parties : M. Sathishkumar Versus The Director of School Education, Chennai & Others
Appearing Advocates : For the Petitioner: V.R. Shanmuganathan, Advocate. For the Respondents: R1 & R2, C. Jeganathan, Special Government Pleader.
Date of Judgment : 03-08-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the second respondent to pass appropriate orders posting the petitioner to the 4th respondent school as Physical Education teacher in the light of GO.Ms.No.78 SE(SE 5 (1) Department Dated 12.03.2026 or in the alternative ensure implementation of his proceedings dated 2.6.2026 in Na.Ka.No.146/A3/2026.)

1. This writ petition has been filed seeking writ of mandamus directing the second respondent to pass appropriate orders posting the petitioner to the fourth respondent school as Physical Education Teacher in the light of G.O.(Ms.)No.78 SE(SE 5 (1) Department Dated 12.03.2026 or in the alternative ensure implementation of his proceedings dated 02.06.2026 in Na.Ka.No.146/A3/2026.

2. The present writ petition is preceded by yet another writ petition in WP(MD)No.30814 of 2024 wherein the proceedings in Na.Ka.No. 5078/A5/2024 dated 28.10.2024 has been challenged. Vide the said proceedings dated 28.10.2024, the petitioner was transferred and posted to the fifth respondent school. Hence, aggrieved by the same, the petitioner has approached this Court by filing the said writ petition. This Court, having considered the grievance of the petitioner, passed an order dated 03.01.2025. The operative portion of the said order is extracted herein under:

                   ''In view of the above said deliberations, this Court passes the following orders:

                   a) The fifth respondent is directed to forward the representation of the petitioner dated 27.06.2024 along with a resolution of the School Committee to the fourth respondent.

                   b)On receipt of the recommendation of school committee of the fifth respondent, the fourth respondent is directed to consider the said proposal and pass orders accommodating the writ petitioner in any one of the Schools as mentioned by the writ petitioner in his request dated 27.06.2024 given to the fifth respondent, within a period of 12 weeks from the date of receipt of proposal from the School''.

3. It was thereafter, the respondent issued proceedings in Ka.Ka.No.146/A3/2026 dated 02.06.2026 transferring the petitioner from the fifth respondent school to the third respondent school and the third respondent has not allowed the petitioner to join duty and therefore, the petitioner is constrained to once again approach this Court by filing the present writ petition seeking a direction to the second respondent to issue appropriate posting orders posting the petitioner to the fourth respondent school as Physical Education Teacher.

4. When the matter came up before this Court on earlier occasion on 17.06.2026, this Court, having taken note of the overall facts and circumstances of the case, passed the following docket order:

                   ''Mrs.K.Porkodi, learned Government Pleader, takes notice for respondent Nos.1, 2 and 4 and seeks time to obtain instructions as to whether the petitioner can be accommodated in his old school or in any other alternative school, as the third respondent school has not admitted the petitioner pursuant to the proceedings dated 02.06.2026.

                   2. List this case on 22.06.2026 in the admission list''.

5. Again, when the matter came up for consideration on 21.07.2026, this Court passed the following docket order:

                   ''Though the petitioner is now posted back to the 5th respondent School, the same appears to be not in consonance with the order passed on earlier occasion in W.P. (MD)No. 30814 of 2024, dated 30.01.2025.

                   2. Mrs.K.Porkodi, learned Government Pleader is directed to get instructions as to whether the petitioner can be accommodated either in 4th Respondent School or any other nearby School in Madurai District.

                   3. List the matter on 28.07.2026 under the same caption''.

6. Finally when the matter was listed before this Court on 31.07.2026, the learned counsel for the petitioner filed an affidavit indicating the vacancies that are available to accommodate the petitioner in anyone of the vacancies. Accordingly, Mr.C.Jeganathan,learned Special Government Pleader was required to get specific instructions as to whether the petitioner can be accommodated in one of the said vacancies.

7. Today, Mr.C.Jeganathan,learned Special Government Pleader, on instructions, submitted that the petitioner can be accommodated in any of the five schools and the respondents are inclined to accommodate the petitioner in Nadar Saraswathy Higher Secondary School, Usilampatti, which is at a distance of 37 kms from the present working place of the petitioner and the said school is also stated to be under direct payment of the respondents.

8. In response to the same, the learned counsel for the petitioner submitted that the petitioner has no objection to be posted in the said Nadar Saraswathy Higher Secondary School, Usilampatti.

9. The learned counsel for the petitioner further submitted that the petitioner is forced to be out of employment since 04.06.2026 as the third respondent has not permitted the petitioner to join duty and there is no alternative posting provided to the petitioner till date and hence the respondents may be directed to treat the period from 04.06.2026 as though the petitioner is in service and that she is also entitled for payment of salary for the said period.

10. In the light of the above and also taking into consideration that the respondents are ready and willing to accommodate the petitioner in Nadar Saraswathy Higher Secondary School, Usilampatti and the petitioner is also ready to join in the said post, the second respondent is directed to issue appropriate orders transferring and posting the petitioner to the said school at Usilampatti as expeditiously as possible, at any rate, within a period of one week from the date of receipt of a copy of this order. The second respondent shall also pass orders treating the period from 04.06.2026 till the date of issuance of transfer and posting orders, either as compulsory weight or otherwise and pass appropriate orders in accordance with law within a period of two weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. Accordingly, this writ petition is disposed of. No costs.
 
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