V.Vijayalaxmi v. The Regional Joint Director Of School Education

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.1320 of 2019 ORDER:

This writ petition is filed seeking a Writ of Mandamus declaring the proceedings dated 31.12.2018 issued by the 2nd respondent rejecting the petitioner's claim mechanically and not considering her case for posting in the existing and clear vacancy nearer to the place where her spouse is working and not disposing her representation dated 03.01.2019 as illegal and arbitrary. Heard Mr.M.Ramgopal Rao, learned counsel for petitioner and the learned Government Pleader for Services-I. It has been contended by the petitioner that she is working as Language Pandit (Telugu) in ZPHS, Janampet, Addakal Mandal, Mahabubnagar District. The petitioner had participated in the counselling for transfer and the petitioner sought a posting at Z.P.H.S. Vemula or any other nearby place, where her spouse is working.

But, the case of the petitioner was not considered and rejected vide order dated 31.12.2018. Thereafter, the petitioner has submitted a representation to the respondents on 03.01.2019, but so far, the respondents have not passed any orders on the said representation and the same is pending. The petitioner further contended that in the transfer counselling some of the places were not properly displayed and therefore she could not opt in the said vacancies and the case of the petitioner was not considered.

representation dated 03.01.2019 and pass appropriate orders in accordance with law.

Learned Government Pleader appearing for respondents contended that the case of the petitioner cannot be considered for transfer in the middle of the academic year and all the existing vacancies have to be culled out and they have to be displayed in the ensuing counselling, which is likely to be conducted in the end of academic year. Therefore, the petitioner has no right to claim a posting at one particular place. But, however, contends that since the representation submitted by the petitioner is pending, the respondents would pass orders on the said representation in accordance with law.

This Court, having considered the rival submissions, is of the considered view that the writ petition can be disposed of directing the respondents to consider the representation submitted by the petitioner on 03.01.2019 and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

With the above observations, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 25-01-2019 Prv