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Madras High CourtWP/676/2023disposed of

P.Shoba v. The Director Of Elementary Education

2023-01-11Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2023

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE P.Shoba ... Petitioner Vs.

The Director of Elementary Education, Chennai - 600 006.

... Respondent PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent herein to consider and pass orders on her representation dated 18.10.2022 on the file of the respondent, seeking her transfer from Panchayat Union Primary School, Kullakapalayam, Pollachi (North), Coimbatore District - 642 110, to any government School in her native Kanyakumari District. For Petitioner :

Mr.P.Selvaraj For Respondent :

Mr.D.Ravichander Special Government Pleader

ORDER

By consent of both the parties, this Writ Petition has been taken up for final hearing in the admission stage itself.

2. The grievance of the petitioner in this Writ Petition is that she has been working as a secondary grade teacher in Coimbatore District for the past sixteen years, though her native is Kanyakumari District. The petitioner 1/4

also claims that she had earlier attended transfer counselling conducted by the respondents, but, she was unsuccessful in getting the transfer order from Coimbatore District to Kanyakumari District.

3. The petitioner has given a representation on 18.10.2022, stating the difficulties she has been facing and requesting the respondents to transfer her to Kanyakumari District. Since the representation has not been considered till date, she has filed this Writ Petition.

4. Heard Mr.P.Selvaraj, learned counsel for the petitioner and Mr.D.Ravichander, learned Special Government Pleader who accepts notice on behalf of the respondent.

5. Learned Special Government Pleader appearing for the respondents would submit that, since the petitioner has been selected from the common pool only through transfer counselling, her request for transfer can be considered and also there is a high possibility that the petitioner's request may be accepted in the transfer counselling. However, learned counsel for the petitioner would submit that the petitioner had earlier participated in the transfer counselling, but, was unsuccessful in getting the transfer order and that is the reason as to why the petitioner is constrained to file this Writ Petition.

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6. No prejudice would be caused to the respondents if the petitioner's representation as stated supra is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

7. This Court is not expressing any opinion on the merits of the petitioner's representation.

8. For the foregoing reasons, this Court directs the respondent to pass final orders on merits and in accordance with law, on the petitioner's representation dated 18.10.2022, requesting for transferring her from Coimbatore District to any Government School in her native District viz., Kanyakumar, within a period of twelve weeks from the date of receipt of a copy of this order.

9. With the aforementioned directions, this Writ Petition is disposed of. No Costs.

11.01.2023 Index : Yes/No Speaking Order : Yes / No ab To The Director of Elementary Education, Chennai - 600 006.

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ABDUL QUDDHOSE. J., ab 11.01.2023 4/4