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Madras High CourtWP/11755/2018disposed of

M.Malathi, v. The Director

2018-05-03Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.05.2018

CORAM

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN WP.No.11755 of 2018 M.Malathi .. Petitioner

Versus

1.The Director, Directorate of School Education, College Road, Chennai 600 006.

2.The Chief Education Officer, Vellore District.

3.The Head Master, Government Higher Secondary School, Thorapadi,Vellore District.

4.Mrs.M.Bhuvaneswari .. Respondents Writ petition filed under Article 226 of the Constitution of India, praying for a writ of mandamus directing the respondents herein to consider and pass orders on merits and in accordance with law, on the petitioner's representation dated 21.04.2018 regarding re-deployment of the fourth respondent as excess post taking into account the date of joining of duty of the fourth respondent as 29.09.2016. For Petitioner :

Mr.G.Bala and Daisy For Respondents :

Mr.P.Raja, GA

ORDER

The writ petition is filed for a direction to the respondents herein to consider the representation of the petitioner dated 21.04.2018 in respect of transferring the surplus teaching staff in the Government Higher Secondary School, Thoraipadi.

2. It is contended by the petitioner that among the petitioner and the 4th respondent herein, she is the senior person who joined the present School. Therefore, if any surplus is identified by the District Educational Officer, the last person who has joined the station, has to be transferred. However the respondents, intend to transfer, the petitioner herein who has joined the station on 06.09.2016, whereas the 4th respondent has joined later on to her on 29.09.2016.

3. The transfer is based on administrative exigency. In any event, the representation of the petitioner should also be taken note of while considering the transfer arising out of surplus. Therefore, the respondents are directed to take note of the representation given by the petitioner, herein, before effecting any transfer.

4. The writ petition stands disposed of with the above observation. No costs.

03.05.2018 Internet : Yes sk Note:Issue order copy on 04.05.2018.

To 1.The Director of Elementary Education, Chennai-600 006.

2.The District Elementary Educational Officer, Thiruvannamalai District, Thiruvannamalai.

3.The Assistant Elementary Educational Officer, West Arni, Thiruvannamalai District.

Dr.G.JAYACHANDRAN.,J sk WP.No.11755/2018 03.05.2018