Madras High CourtWP/2046/2022disposed of

Smt.Manjula S v. The State Of Tamilnadu

2022-02-08Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.2046 of 2022 and WMP.Nos.2204 & 2205 of 2022 1.Smt.Manjula.S. W/o.MDS Saravanan, 2.Smt.Manjula S., 3.Smt.Saraswathi. S., all are rep by Manjula.S

...Petitioners

vs.

1.State of Tamil Nadu, Rep. By Secretary, Department of School Education, Fort St.George, Chennai-600 009.

2.The Joint Director (Admn.) Directorate of Elementary Education, DPI Campus, College Road, Chennai -600 006.

3.The District Educational Officer, Tirupathur District.

4.The Block Educational Officer, Tirupattur Block, Tirupattur District.

5.The Block Development Officer, Alangayam Block, Tirupattur District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents from filling up the existing vacancies in the post of Elementary School Headmasters in the Tiruppatur Educational Union Block by way of conducting transfer counselling without considering the petitioners cause in terms of the Transfer Guideline issued in the previous years in G.O.(1D) No.256 dated 19.04.2017, G.O. (1D) No.403 dated 02.06.2018, G.O.Mss.No.218 dated 20.06.2019 and G.O.No.176 dated 17.12.2021 or alternatively appoint the petitioners by creating vacancies upon transferring the

juniors who had been appointed in the same cadre of the petitioners in the same district.

For Petitioners : Mr.Dhruva For Respondents : Mr.V.Nanmaran, Additional Government Pleader for R1 to R5

O R D E R

By consent, this Writ Petition is taken up for final disposal.

2. The prayer in the writ petition is for a Mandamus forbearing the respondents from filling up the existing vacancies in the post of Elementary School Headmasters in the Tiruppatur Educational Union Block by way of conducting transfer counselling without considering the petitioners cause in the implementation of the Government Orders in G.O.(1D) No.256 dated 19.04.2017, G.O.(1D) No.403 dated 02.06.2018, G.O.Ms.No.218 dated 20.06.2019 and G.O.No.176 dated 17.12.2021 or alternatively appoint the petitioners by creating vacancies upon transferring the juniors who had been appointed in the same cadre of the petitioners in the same district.

3. The petitioners made a representation to the Director of Elementary Education to consider their request to attend the transfer counselling in the Tirupattur Union, without considering the transfer for Hill areas. According to the petitioners due to the bifurcation of the Unions, certain hill ares came under Tirupattur Union and at present the petitioners were attached to Alangayam Educational Union Block. The petitioner joined in the Tirupattur Educational Union Block during 2017 and he has served there for three years and on account of bifurcation, they have been been shifted to the reconstituted Alangayam Educational Block on 01.10.2020 and therefore, they had submitted representation to the respondents on 21.01.2022 and it is kept pending.

4. Mr.V.Nanmaran, learned Additional Government Pleader would submit that the representation of the petitioners would be considered and appropriate orders will be passed and communicated to the petitioners at the earliest.

5. In view of the above facts and considering the submission made by the learned counsel for the petitioners, this Court, without expressing anything on the merits of the claim made by the petitioners, directs the Director of Elementary Education, Chennai-6 to consider the representation

of the petitioners on merits and pass appropriate orders in accordance with law within a period of three days i.e., on or before 11.02.2022 and communicate the decision taken, to the writ petitioners.

6. The Writ Petition stands disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Secretary, State of Tamil Nadu, Department of School Education, Fort St.George, Chennai-600 009.

2.The Joint Director (Admn.) Directorate of Elementary Education, DPI Campus, College Road, Chennai -600 006.

3.The District Educational Officer, Tirupathur District.

4.The Block Educational Officer, Tirupattur Block, Tirupattur District.

5.The Block Development Officer, Alangayam Block, Tirupattur District.

6. The Director of Elementary Education Chennai 6 +1 CC to M/s. Arun Samy & Dhuruva, Advocate SR. No. 7929. +1 CC to The Government Pleader sr 8309(14/03/2022) W.P.No.2046 of 2022 SJ(CO) SP(08/02/2022)