P.Shoba v. The Director Of Elementary Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.03.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.7218 of 2024 P.Shoba ....
Petitioner Vs The Director of Elementary Education, Chennai - 600 006.
....
Respondent Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent herein to consider and pass orders on petitioner's representation dated 29.09.2023 on the file of the respondent, seeking her transfer from Panchayat Union Primary School, Kullakapalayam, Pollachi (North), Coimbatore District to any Government School in petitioner's native Kanyakumari District.
For Petitioner : Mr.P..Selvaraj For Respondent : Mrs.S.Mythreye Chandru Special Government Pleader
ORDER
This Writ Petition has been filed for a direction directing the respondent to reconsider the representation submitted by the petitioner 1/4
dated 29.09.2023 seeking transfer from Coimbatore District to Kanyakumari District.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner was working as Secondary Grade Teacher in the Panchayat Union Primary School, Kullakapalayam, Pollachi (North), Coimbatore District. Her native is Kanyakumari District. Therefore, the petitioner submitted a representation seeking transfer to Kanyakumari District. Pursuant to the said representation, the petitioner approached this Court by way writ petition in W.P.No.676 of 2023. This Court, by an order dated 11.01.2023, directed the respondent to consider the representation submitted by the petitioner and pass orders. It was not complied with by the respondent and as such, the petitioner also filed a Contempt Petition before this Court in Cont.P.No.1792 of 2023.
4. The learned Special Government Pleader appearing for the respondent would submit that if any fresh representation submitted by the petitioner, it will be considered. Accordingly, the petitioner is 2/4
submitted a representation dated 29.09.2023. She further submitted that the case of the petitioner did not fall in any of the criteria as per G.O.Ms.No.176, School Education [SE5(1)] Department, dated 17.12.2021 to consider her application for transfer. However, her request will be considered in the upcoming counselling. It is also seen that for the past two years, there was no counselling.
5. In view of above, if any counselling for transfer of Secondary Grade Teacher is conducted in future, the respondent is directed to consider the request made by the petitioner on merits and in accordance with law.
6. With the above direction, this Writ Petition stands disposed of. No costs.
20.03.2024 Internet : Yes/No Index:Yes/No Speaking Order/Non Speaking Order Lpp To The Director of Elementary Education, Chennai - 600 006.
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G.K.ILANTHIRAIYAN, J.
Lpp W.P.No.7218 of 2024 20.03.2024 4/4