V.Muruganantham v. The Director Of Elementary Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No. 11549 of 2021 V.Muruganantham .. Petitioner Vs.
1.The Director of Elementary Education, DPI Campus, College Road, Chennai -600006.
2. The Joint Director of School Education (personnel) Directorate of Elementary Education, DPI Campus, College Road, Chennai-600006 3.Chief Educational Officer, Kallakurichi District, Kallakurichi.
4.Chief Educational Officer, Salem District,Salem.
5.District Educational Officer, Kallakurichi Educational District, Kallakurichi.
6.Block Educational Officer, Chinnasalem Union, Kallakurichi 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 pass orders for transfer of petitioner in the existing vacancy to the post of B.T. Assistant (Science) in Panchayat Union Middle School Nathakarai Thalaivasal Union Salem District by district transfer in consideration of representation submitted by the petitioner dated 01.07.2019 within a time frame as fixed by this Court. For Petitioner : G.Sankaran For Respondents : Mr.V.Nanmaran,AGP
ORDER
The learned counsel for the petitioner has submitted that the petitioner is qualified with B.Sc (Physics) and B.Ed. He was selected for the post of B.T Assistant (Science) through Teacher Recruitment Board in the year 2006 in Panchayat Union Middle School, Ammakalathur, Chinna salem Union. The learned counsel for the petitioner has further submitted that after the orders of Government in G.O.Ms.No. 79 School Education Department, dated 14.06.2002, the post of Secondary Grade Teacher taking classes for VI to VIII standards upgraded as B.T Assistant to be filled up with qualified B.Ed graduates.
2. The learned counsel for the petitioner has further submitted that the petitioner made representations to the respondents for transfer to Salem District in the vacancy arising to the post of B.T.Assistant in Thalaivasal Union. Whereas, as and when the vacancies arising in Talaivasal Union, it has been filled up by promotion and therefore, the opportunity of getting transfer to his native place is lost.
3. Though the prayer sought for in the writ petition for a direction to the respondents to transfer the petitioner to his native place, the learned counsel for the petitioner would submit that it would suffice to direct the second respondent to dispose of the representation dated 01.07.2019 within the time stipulated by this Court for which, the learned Additional Government Pleader has reported no objection.
4. Having regard to the submissions made by the learned counsels on either side and in view of the limited prayer sought for by the learned counsel for the petitioner, this Court, without expressing any opinion and without going into merits of the case, is inclined to direct the 2nd respondent to consider the representation made by the petitioner and pass appropriate orders, in accordance with law, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order.
5. With the above directions, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ak
To 1.The Director of Elementary Education, DPI Campus, College Road, Chennai -600006.
2. The Joint Director of School Education (personnel) Directorate of Elementary Education, DPI Campus, College Road, Chennai-600006.
3.Chief Educational Officer, Kallakurichi District, Kallakurichi.
4.Chief Educational Officer, Salem District, Salem.
5.District Educational Officer, Kallakurichi Educational District, Kallakurichi.
6.Block Educational Officer, Chinnasalem Union, Kallakurichi District.
+1cc to G.Sankaran, Advocate, S.R.No.14865 +1cc to the Government Pleader, S.R.No.15088 W.P.No. 11549 of 2021 VB(CO) CT 07/04/2022