L.Christina Mary v. The Director Of School

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN WP.No.34753 of 2012 L.Christina Mary ... Petitioner Vs.

1.The Director of School Education, College Road, Chennai 600 006 2.The Joint Director of School Education (Personnel) College Road, Chennai 600 006 3.The Chief Educational Officer, Krishnagiri District, Krishnagiri 4.The District Educational Officer, Krishnagiri District, Krishnagiri ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the second respondent in Na.Ka.No.29918/C-3/E-1/2009 dated 25.09.2009 and quash the same insofar as condition No.3 alone and consequently direct the respondents 1/4

to place the seniority of the petitioner below the successful probationer who is the immediate senior to the petitioner in accordance with law within a specified period of time as directed by this Court. For Petitioner in all WP's : No appearance For Respondents in all WP's : Mr.M.Muthusamy, Government Advocate COMMON ORDER All the writ petitions have been filed challenging the order of their respective transfer thereby they were transferred from Elementary Education Service to School Education Service. 2.

Heard, the learned counsel appearing on either side. 3.

The main grievance of the petitioners is that they were transferred from Panchayat Union Middle School to Government Higher Secondary School of the same district and they were placed as junior most in the place they were transferred to. This issue was already dealt with by a learned Single Judge of this Court and ordered in their favour. 2/4

However, by way of writ appeal, the Hon'ble Division Bench of this Court held that the teachers on transfer pursuant to the request would be placed only below the other employees who were already working there. Therefore, in view of the binding decision rendered by the Hon'ble Division Bench of this Court in WA.No.2723 of 2012, the orders of transfer cannot be set aside. That apart, already the interim petitions for stay were dismissed by this Court. As such, this Court finds no infirmity or illegality in the orders passed by the second respondent. 4.

Accordingly, all the writ petitions are dismissed. There shall be no order as to costs.

11.08.2023 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The Director of School Education, College Road, Chennai 600 006 2.The Joint Director of School Education (Personnel) College Road, Chennai 600 006 3.The Chief Educational Officer, Krishnagiri District, Krishnagiri 4.The District Educational Officer, Krishnagiri District, Krishnagiri

5. The Government Advocate, High Court, Madras.

11.08.2023 4/4