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2017 Supreme(Mad) 3386

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM. J.
Latha Natchiyar - Petitioner
Versus
Government of Tamilnadu, Represented By its Secretary & Others - Respondents
W.P. No. 18318 of 2012 & M.P. No. 1 of 2012
Decided On : 17-11-2017

Advocates Appeared:
For the Petitioner:V. Prakash, Senior Counsel for K. Sudalaikannu, Advocate.
For the Respondents: R. Vijayakumar, Additional Government Pleader.

Re-deployment should be in accordance with the rules and guidelines issued by the Government, and presumptive prayers without any cause of action cannot be entertained in writ proceedings.

Headnote:

re-deployment - Government Higher Secondary School - G.O.Ms.No.525 (School Education (D1) Department) dated 29.12.1997, G.O.(1D)No.266 School Education(Va.Se.2) Department, dated 06.07.2012, G.O.Ms.No.61 Higher Education (D1) Department, dated 08.03.1999 - The court discussed the guidelines issued by the Government in G.O.Ms.No.525 (School Education (D1) Department) dated 29.12.1997 and its revised order in G.O.(1D)No.266 School Education(Va.Se.2) Department, dated 06.07.2012. It also referenced G.O.Ms.No.61 Higher Education (D1) Department, dated 08.03.1999, which required consultation with NCC higher officials for teachers attached to the NCC cadres. The court emphasized that re-deployment should be done in accordance with the rules and guidelines issued by the Government, and the petitioner failed to establish any legal right in respect of the prayer in the writ petition.

Fact of the Case:

The petitioner sought direction to prevent re-deployment to favor a junior employee, citing violation of guidelines issued by the Government of Tamil Nadu.

Finding of the Court:

The court found the relief sought to be misconceived and dismissed the writ petition, stating that the petitioner failed to establish any legal right in respect of the prayer.

Issues: The issues revolved around the threatened re-deployment of the petitioner, the alleged violation of guidelines, and the seniority claim of the petitioner.

Ratio Decidendi: The court emphasized that re-deployment should be done in accordance with the rules and guidelines issued by the Government, and that presumptive prayers without any cause of action cannot be entertained in writ proceedings.

Final Decision: The writ petition was dismissed with no order as to costs.

JUDGMENT :

1. The relief sought for in this writ petition is for direction to the respondents 1 to 3 not to re-deploy the petitioner as surplus B.T.Assistant (Mathematics) in the Government Higher Secondary School, Arumbakkam, Chennai.

2. The writ petitioner states that she was constrained to file the present writ petition as the respondents 1 to 3 were threatening to re-deploy her from Government Higher Secondary School, Arumbakkam, Chennai, in favour of the fourth respondent inspite of the fact that the writ petitioner is senior to the fourth respondent. Further, it is stated that the respondents 1-3 had taken an attempt to favour the fourth respondent, contrary to the guidelines issued by the Government of Tamil Nadu in G.O.Ms.No.525 (School Education (D1) Department) dated 29.12.1997.

3. This Court is of the view that the very relief as such sought for is misconceived. The petitioner filed this writ petition under the apprehension that she is going to be re-deployed in order to favour the fourth respondent. May that it be. Re-deployment is to be done in accordance with the guidelines issued by the Government in this regard. In G.O.Ms.No.525 (School Education (D1) Department) dated 29.12.1997. The writ petitioner is of the view that the guidelines issued by the Government will be violated by the respondents 1 to 3. With these apprehensions, the writ petition was initially filed.

4. Learned Additional Government pleader appearing on behalf of the respondents 1 to 3 made a submission that subsequently the writ petitioner was re-deployed in the year 2012 and had participated in the counseling also. The counseling was conducted as per the guidelines issued by the competent authorities and the writ petitioner had also participated and accordingly she was re-deployed. The learned Additional Government Pleader further states that G.O.Ms.No.525 (School Education (D1) Department) dated 29.12.1997 as referred by the writ petitioner was not in force and a revised order was issued by the Government in G.O.(1D)No.266 School Education(Va.Se.2) Department, dated 06.07.2012.

5. The learned counsel for the writ petitioner submitted that the fact stated by the learned Additional Government Pleader that the writ petitioner was re-deployed was incorrect and the writ petitioner is serving in the same school as Mathematics teacher.

6. Irrespective of this factual dispute, this Court is of the view that re-deployment is an administrative procedure to be adopted by following the guidelines issued by the Government in this regard. The writ petitioner has not challenged any such re-deployment order in this writ petition. The relief sought for in this writ petition itself is for a direction to the respondents 1 to 3 not to re-deploy the writ petitioner. Such a prayer cannot be considered by this Court in this writ petition. The cause for the writ petition will arise only after receipt of an administrative order by the competent authorities. There cannot be any presumptive prayers, which can be entertained by way of writ proceedings. In service matters, an employee cannot be presumed to be re-deployed to some other place and on that apprehension, he/she cannot file a petition stating that he/she should not be re-deployed.

7. This Court is of the opinion that deployment or re-deployment is part of service condition and a person, who is posted to a particular post or place should serve as per the administrative orders of the competent authorities. A Government employee cannot claim a place or post as a matter of choice. A Government servant wherever posted has to serve in the place in the interest of administration. Deployment or re-deployment no doubt, has to be done in accordance with rules in force and the guidelines issued by the Government in this regard. The writ petitioner has not cited any violation of the revised orders passed by the Government in G.O.(1D) No.266 School Education(Ve.Se.2) Department dated 06.07.2012. This apart, no such re-deploymen






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