The Madras High Court Bench here has criticised a government aided private school for resisting the education department's move, for the last five years, to shift a surplus teacher to another school even at the cost of the teacher having to lose his monthly salary since May 2008.
Allowing a 2009 writ petition filed by the teacher S. Lakshminarayanan, Justice D. Hariparanthaman directed the Sivaganga Chief Educational Officer to take steps forthwith to relieve the petitioner from Jamindar Street High School in Devakottai and enable his deployment at N.S.M.V.P.S. Higher Secondary School in the same place.
The CEO as well as the Devakottai District Educational Officer were also directed to pay salary to the petitioner from May 1, 2008.
They were ordered to initiate appropriate action, including recovery of the quantum of salary, against the Jamindar Street High School which was not inclined to part with the teacher.
The judge pointed out that it was on January 4, 2007 that the then CEO passed the redeployment order stating that the petitioner had become a surplus teacher in the school for the year 2006-07. But the school challenged the order by way of a writ petition.
It sought to retain him citing increase in the student strength.
The petition was disposed of on October 29, 2007 with a direction to the officials to reconsider their decision.
Accordingly, the DEO inspect the school thrice and came to the conclusion on December 4, 2007 that the teacher must be redeployed on the ground of surplus.
This order too was challenged by the school through another writ petition.
The second writ was disposed of on March 28, 2008 with a direction to the CEO to consider if the teacher continued to be surplus even for the academic year 2008-09. Thereafter, the CEO reiterated the decision once again and passed another redeployment order on March 20, 2009.
Yet, the teacher was not relieved from his service and hence the present writ petition.
The case continued to be pending in the High Court since 2009 as the school secretary chose to file a counter affidavit only on May 27, 2012 stating that he was not served with a copy of the redeployment order passed on March 20, 2009.
Pointing out that the school had actually refused to receive the order sent to it by the petitioner through registered post, the judge said: "I am unable to agree with the plea of the school... It is unbelievable."
