R.Ramathilagam v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2020

CORAM:

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.No.5134 of 2020 R.Ramathilagam ... Petitioner .v.

1.The Secretary to Government, School Education Department, Secretariat, Chennai.

2.The Director of School Education, Chennai.

3.The Joint Director of School Education, Personal, Chennai.

4.The Chief Educational Officer, Viluppuram.

5.The Chief Educational Officer, Pudukottai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to transfer the petitioner to any one of the available vacancies in Pudukottai District, by considering the petitioner representation dated 04.07.2019. For Petitioner : Mr.P.Ganesan for M/s. C.S. Associates For Respondents : Mr.S.Suresh Kumar Government Advocate

ORDER

This writ petition has been filed for the issue of Writ of Mandamus directing the respondents to consider the representation made by the petitioner, who is seeking for a request transfer.

2.The case of the petitioner is that she is working as a B.T. Assistant in a Government High School, Villupuram District. According to the petitioner, she is living away from her family and one of her son is a differently abled person. That apart, the husband of the petitioner also underwent a surgery in the year 2018. The petitioner came to know that there are some vacancies available at Pudukottai District, where her family is residing.

She therefore, had made a representation seeking for transfer to Pudukottai District through transfer counseling. However, the same has not been considered till date and therefore, the present writ petition has been filed before this Court seeking for appropriate directions.

4. Heard Mr.P.Ganesan, learned counsel appearing for the petitioner and Mr.S.Suresh Kumar, learned Government Advocate appearing on behalf of the respondents. 5.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 2nd respondent to consider the representation made by the petitioner on 15.10.2019 and deal with the same on its own merits and in accordance with law and pass appropriate orders, within a period of six weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 2nd respondent along with a copy of the application/representation dated 15.10.2019 and a copy of this order. A copy of the representation shall also be marked to respondents 3 to 5.

6.This writ petition is disposed of with the above directions. No costs.

kp Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar To 1.The Secretary to Government, School Education Department, Secretariat, Chennai.

2.The Director of School Education, Chennai.

3.The Joint Director of School Education, Peronal, Chennai.

4.The Chief Educational Officer, Viluppuram.

5.The Chief Educational Officer, Pudukottai District.

+1cc to M/s C.S.Associates, Advocate SR.No.18466/2020 +1cc to Gov. Pleader, Advocate SR.No.18280/2020 W.P.No.5134 of 2020 ak(CO) mst(26/05/2020)