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Madras High CourtWP/2613/2022dismissed

Balasubramaniyam v. The Government Of Tamilnadu

2022-02-11Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2022

CORAM

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.2613 OF 2022 AND WMP NO.2763 OF 2022 Balasubramaniyam ... Petitioner Vs.

1. The Government of Tamilnadu By its Secretary School Education Department Chennai.

2. The Director of School Education DPI Campus Chennai-600 006.

3. The Joint Director of School Education (Higher Secondary) DPI Campus, Chennai-6.

4. The Chief Educational Officer Nagapattinam

5. The District Educational Officer Nagapattinam.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to permit the petitioner to participate in the state level general teacher's counselling for the PG teacher's and physical director Grade I on 12.02.2022.

For Petitioner :

Mr.S.Muthukrishnan For Respondents :

Mr.V.Nanmaran, Addl.Govt. Pleader

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the respondents to permit the petitioner to participate in the state level general teacher's counselling for the PG teacher's and physical director Grade I on 12.02.2022.

2. The case of the petitioner in brief:

The petitioner was promoted as Grade-I Physical Director and now, he is working in Government Higher Secondary School, Thagatur, Vedaranyam Taluk, Nagapattinam District, by transfer. The Government has issued G.O.Ms.No.176 School Education Department dated 17.12.2021 for conducting general transfer counselling and there is no specific norms prohibiting the promoted and transferred teachers to participate the general counselling. Hence, the petitioner may be permitted to participate the transfer counselling on 12.02.2022.

3. The learned Additional Government Pleader, appearing for the respondents submitted that, in respect of minimum service of one year in the existing station for General Transfer Counselling, the Government has amended the G.O.Ms.No.176, School Education Department dated 17.12.2021, vide G.O.Ms.No.15 School Education Department dated 10.02.2022, wherein, it is stated as follows.

'Amendment In the said Government Order in paragraph 7 under the heading "(1) GENERAL CONDITIONS'' after the sub-paragraph (c), the following sub-paragraph shall be added namely"- "(d) All category of Headmasters and teachers should have minimum of one year service in the existing station on the date of notification, which is mandatory to apply for General Transfer Counselling.''

He has also placed the above said Government Order.

4. Inview of the above, this writ petition is dismissed. Consequently, connected writ miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar Mst To

1. The Secretary School Education Department Chennai.

2. The Director of School Education DPI Campus Chennai-600 006.

3. The Joint Director of School Education (Higher Secondary) DPI Campus, Chennai-6.

4. The Chief Educational Officer Nagapattinam

5. The District Educational Officer Nagapattinam.

+1cc to M/s.S.Muthukrishnan, Advocate, S.R.No.8944 +1cc to the Government Pleader, S.R.No.9557 W.P.No.2613 of 2022 and WMP No.2763 of 2022 PCH(CO) RLP(03/03/2022)