Madras High CourtWP/16529/2021allowed

S.Parameswari v. Chief Educational Officer

2021-08-10Honourable Mr Justice A.A.Nakkiran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN W.P.No.16529 of 2021 and WMP.Nos.17495 & 17497 of 2021 [Video Conferencing] 1.S.Parameswari 2.G.Shahitha Begam 3.J.Vivedhanandhan 4.T.Sumathi

...Petitioners

Vs.

1. Chief Educational Officer, Tiruvarur.

2. District Educational Officer, Mannargudi Educational District, Tiruvarur District.

3. District Educational Officer, Tiruvarur Educational District, Tiruvarur District.

4. Block Educational Officer, Kottur Block, Tiruvarur District.

5. Block Educational Officer, Koradacheri Block, Tiruvarur District.

...Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to give effect to the petitioners transfer orders viz., (i) Order in Na.Ka.No.2340/B4/2019 dated 20.11.2019, on the file of the 2nd respondent, transferring the 1st petitioner to Panchayat Union Primary School, Thenparai, Kottur Block, Tiruvarur District;

(ii) Order in Na.Ka.No.2340/B4/2019 dated 20.11.2019, on the file of the 2nd respondent, transferring the 2nd petitioner to Panchayat Union Primary School, Edaichumoolai, Kottur Block, Tiruvarur District;

(iii) Order in Na.Ka.No.1601/B4/2019 dated 20.11.2019, on the file of the 3rd respondent, transferring the 3rd petitioner to Panchayat Union Middle School, Musiriam, Koradachery Block, Tiruvarur District and (iv) ) Order in Na.Ka.No.1601/B4/2019 dated 20.11.2019, on the file of the 3rd respondent, transferring the 4th petitioner to Panchayat Union Middle School, Engan, Koradachery Block, Tiruvarur District, without accommodating any other person in the said places.

For Petitioners:Mr.Dinesh Kumar for Mr.R.Neelakandan For Respondents:Mr.S.Arumugam Government Advocate

ORDER

By consent, the writ petition is taken up for final disposal and is disposed of by this order.

Mr.S.Arumugam, learned Government Advocate accepts notice on behalf of the respondents.

This Writ Petition is filed seeking a direction directing the respondents to give effect to the petitioners' transfer orders viz., (i) Order in Na.Ka.No.2340/B4/2019 dated 20.11.2019, on the file of the 2nd respondent, transferring the 1st petitioner to Panchayat Union Primary School, Thenparai, Kottur Block, Tiruvarur District;

(iii) Order in Na.Ka.No.1601/B4/2019 dated 20.11.2019, on the file of the 3rd respondent, transferring the 3rd petitioner to Panchayat Union Middle School, Musiriam, Koradachery Block, Tiruvarur District and (iv) Order in Na.Ka.No.1601/B4/2019 dated 20.11.2019, on the file of the 3rd respondent, transferring the 4th petitioner to Panchayat Union Middle School, Engan, Koradachery Block, Tiruvarur District, without accommodating any other person in the said places.

A perusal of the typed set of documents would reveal that the Order of Deployment was issued on 20.11.2019 and the petitioners have submitted their respective representations on 04.02.2020.

At this juncture, the learned counsel for the petitioners would submit that in support of their contentions, he has filed a copy of the order passed in WP.No.20340 of 2019 dated 03.10.2019 and on the merits of the case, he prays to allow this writ petition.

The learned Government Advocate for the respondents has submitted that he has no objection in allowing this writ petition.

Considering the facts and circumstances of the case and the submission made by the learned Government Advocate for the respondents and the order made in WP.No.20340 of 2019 dated 03.10.2019, this court finds that there is merit in this case and hence, is inclined to allow this petition. 8.

In fine, this writ petition stands allowed and the respondents are directed to effect the petitioners' transfer orders dated 20.11.2019 and transfer (a) the 1st petitioner to Panchayat Union Primary School, Thenparai, Kottur Block, Tiruvarur District;

(b) the 2nd petitioner to Panchayat Union Primary School, Edaichumoolai, Kottur Block, Tiruvarur District; (c ) the 3rd petitioner to Panchayat Union Middle School, Musiriam, Koradachery Block, Tiruvarur District and (d) the 4th petitioner to Panchayat Union Middle School, Engan, Koradachery Block, Tiruvarur District, without accommodating any other person in the said places. No costs. Consequently, connected miscellaneous petitions are closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar To