Girijana Upadhyaya Samikshema Parishath v. The Director Of Tribal Welfare

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.9360 of 2004 ORDER:

This writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus declaring the action of the first respondent in issuing circular Rc.No.A4/3017/2004, dated 5-5-2004 fixing counselling system for transfers and postings to the Teachers working in G.V.V.Ks without therebeing any amendment to G.O.Ms. Nos.119, SW department, dated 22-12-1999, G.O.Ms.No.46, SW department, dated 30-5-2000 and G.O.Ms. No.40, SW department, dated 29-4-2000 and adopting the criteria of counselling system for transfers and postings meant for the teachers working in Ashram schools to the Teachers working in G.V.V.Ks as highly arbitrary, illegal and also violative of Articles 14, 16 and 21 of the constitution and consequentially to declare that the first respondent is not having any power and authority to issue such circular.

2. No representation on behalf of the petitioner. The learned Government Pleader for Social Welfare submitted that the purpose of filing of the writ petition has become infructuous in view of issuance of Government Memo No.7644/TW Ser.III/A1/04-1, dated 17.8.2004. He further submitted that by the said memo, G.O.Ms.No.119, dated 22.12.1999 is made applicable to GVVK Teachers wherever applicable. The submissions are recorded.

3. Accordingly, the writ petition is dismissed as infructuous. Miscellaneous petitions if any pending in this writ petition shall stand closed.

__________________________ (T.SUNIL CHOWDARY, J) March 30, 2016.

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