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Madras High CourtWP/13063/2017disposed of

T.Bheema Rao v. The State Of Tamil Nadu,

2017-05-18Honourable Mr Justice M. Govindaraj6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.05.2017

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.No.13063/2017 & WMP Nos.13941 & 13942/2017 1.T.Bheema Rao 2.V.Jyothi 3.A.Sujatha 4.V.S.Devi 5.K.Abdullah 6.V.Hamsa 7.K.Sri Devi 8.D.Gowri 9.C.Mallika 10.P.N.Babu ..Petitioners ..Vs..

1.The State of Tamil Nadu, Rep.by its Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai-600 009.

2.The Director of Elementary Education, DPI Compound, College Road, Chennai-600 006.

3.The District Elementary Educational Officer, Thiruvallur, Thiruvallur District.

4.The Additional Assistant Elementary Educational Officer, Pallipattu Union, Thiruvallur District. ...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pass appropriate orders for deployment transfer of Secondary Grade Teachers working in Pallipattu Panchayat Union, Tiruvallur District only by following combined seniority list of Secondary Grade teachers in Bilingual-Telugu and Tamil medium schools as per the rules and as per the orders passed by this Hon'ble Court in batch of cases in W.P.No.1416/201,, dated 29.06.2012 while conducting counselling for deployment as per G.O(1D) No.256, School Education [Pa.Ka.5(1)] Department, dated 19.04.2017.

For Petitioners :: Mr.G.Sankaran For Respondents :: Mr.S.Gunasekaran, Addl. Govt. Pleader

ORDER

This writ petition is filed for issue of a Writ of Mandamus directing the respondents to pass appropriate orders for deployment transfer of Secondary Grade Teachers working in Pallipattu Panchayat Union, Tiruvallur District only by following combined seniority list of Secondary Grade teachers in BilingualTelugu and Tamil medium schools as per the rules and as per the orders passed by this Hon'ble Court in batch of cases in W.P.No.1416/201, dated 29.06.2012 while conducting counselling for deployment as per G.O(1D) No.256, School

Education [Pa.Ka.5(1)] Department, dated 19.04.2017. 2.

The petitioners herein are similarly placed Secondary Grade (Telugu) Teachers in Pallipattu Panchayat Union, Thiruvallur District. The petitioners pray that as per the judgment dated 09.10.1990 of Tamil Nadu Administrative Tribunal in O.A. No. 1953 of 1989, there must be only a single seniority list for all teachers, irrespective of the medium of instruction, provided they satisfy the requirements of the Rules. The said decision of the Administrative Tribunal was approved by a Division Bench of this Court in W.P. No. 19856 of 2004 by judgment dated 03.02.2009. Following the same, this Court, in W.P. Nos.1416/2011 etc. batch, by order dated 29.06.

2012, made it clear that there must be a single seniority for Secondary Grade Teachers working in Bilingual Medium as well as Tamil Medium Schools, which could be the basis of re-deployment of surplus teachers in Panchayat Union. That being so, the apprehension of the petitioners is that for the present year, the Government Order transfer counselling as per G.O.(1D) No. 256 School Education Department dated 19.04.2017, which includes transfer of surplus teachers and as per the schedule annexed to the Government Order, the counselling for deployment is scheduled to be held on 24.05.

Tamil Medium school. Hence, the present writ petition. 3.

Learned Additional Government Pleader would submit that only the combined seniority list would be followed in the proposed counselling scheduled to be held for deployment, as per G.O.(1D) No. 256 School Education Department dated 19.04.2017.

4.

Recording the above submission of the learned Additional Government Pleader, the writ petition is disposed of, as the prayer sought in the writ petition has been achieved and nothing further survives. No costs. Connected W.M.P. is closed.

19.05.2017 nv Index: Yes/No Internet:Yes/No Speaking Order/Non Speaking Order To 1.The State of Tamil Nadu, Rep.by its Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai-600 009.

2.The Director of Elementary Education, DPI Compound, College Road, Chennai-600 006.

3.The District Elementary Educational Officer, Thiruvallur, Thiruvallur District.

4.The Additional Assistant Elementary Educational Officer, Pallipattu Union, Thiruvallur District.

M.GOVINDARAJ., J nv W.P.No.13063/2017 19.05.2017 http://www.judis.nic.in