Madras High CourtWP/1716/2016disposed of

S.Selvi, v. The Director Of School

2016-01-20Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.01.2016

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P. No.1716 of 2016 & W.M.P.Nos.1491 & 1492 of 2016 S.Selvi .. Petitioner Vs.

1.The Director of School Education, 2.The Joint Director of School Education [Vocational], 3.The Chief Educational Officer, Mohanur Road, Namakkal - 637 001.

Namakkal District.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second and third respondents herein to transfer the petitioner from the post of Vocational Instructor [Agriculture], Government Higher Secondary School, Pothanur to Government Higher Secondary School, Aniyapuram, Namakkal District in the existing vacancy on medical grounds as a special case by adopting para 6 of the G.O. [I.D.]No.232, School Education [Pa.Ka.5[1] Department dated 10.07.2015.

For Petitioner : Mr.K.Rajkumar For Respondents : Mrs.M.E.Raniselvam Additional Government Pleader

O R D E R

By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

2.The case of the petitioner is that she is working as an Vocational Instructor [Agriculture] in the Government Higher Secondary School, Pothanur, Namakkal District. She is suffering from extraordinary diabetic problem and is under insulin of three times a day. However, she has been managing her problems with great difficulty for the past two years. The petitioner would state that the post of Vocational Instructor [Agriculture] is vacant in the Government Higher Secondary School, Aniyapuram, Namakkal District. As per G.O.[I.D.]No.232, School Education [Pa.Ka.5(1)] Department, dated 10.07.2015, she gave a representation dated 28.12.2015 to the third respondent seeking to transfer to the said place. Since no order has been passed by the third respondent, the present Writ Petition has been filed by the petitioner.

3.Heard the submissions of Mr.K.Rajkumar, learned counsel appearing for the petitioner and Mrs.M.E.Raniselvam, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

4.This Court, taking into consideration the above facts and circumstances and without going into the merits of the same, directs the respondents 1 and 2 to consider the representation of the petitioner dated 28.12.2015 and pass orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

5.The Writ Petition is disposed of accordingly. Consequently, connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Director of School Education,

2.The Joint Director of School Education [Vocational], 3.The Chief Educational Officer, Mohanur Road, Namakkal - 637 001.

Namakkal District.

+1cc to Mr.K.Rajkumar, Advocate, S.R.No.2964 +1cc to the Government Pleader, S.R.No.3342 W.P. No.1716 of 2016 & W.M.P.Nos.1491 & 1492 of 2016 vd(CO) srg(16/02/2016)