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Madras High CourtWP/12494/2018disposed of

M.Latha, v. The District Elementary

2018-05-16Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.05.2018 C O R A M THE HONOURABLE Mr.JUSTICE C.V.KARTHIKEYAN W.P.No.12494 of 2018 M.Latha ...

Petitioner Vs.

1.The District Elementary Educational Officer District Elementary Educational Office Dharmapuri District.

2.The Additional Assistant Elementary Educational Officer Asst Elementary Educational Office Karimangalam, Dharmapuri District.

... Respondents PRAYER Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first and second respondents to consider the petitioner's representation dated 10.04.2018 within the time framed by this Hon'ble Court. For Petitioner : M/s.K.Gandhi Kumar For Respondent : M/s.K.Karthikeyan Government Advocate

O R D E R

This Writ Petition has been filed by the petitioner to issue a writ of Mandamus directing the respondents to consider the petitioner's representation, dated 10.04.2018. 2.Mr.K.Karthikeyan, learned Government Advocate, takes notice for the first and second respondents.

3.By mutual consent of both sides, the Writ Petition is taken up for final disposal.

4.The grievances of the writ petitioner is that she entered into service on 27.08.2001 as a Secondary Grade Teacher in Panchayat Union Primary School, Bhomaththampatti, Karimangalam Block. Due to her performance and also considering the length of service, on 01.06.2017 she was promoted as a Secondary Grade Headmaster at Kulikadu Panchayat Union Primary School, Kariyamangalam Block. Then, June and July months she had worked

in the above said School as Headmaster. While so, the Thumbala Halli Panchayat Union Middle School, Kariyamangalam Block has been upgraded as a Higher Secondary School. One Chandra (the History Teacher), who is working in the Thumbala Halli Middle School has not given willingness to go to Higher Secondary School and had given her willingness to work continuously in the Middles School itself.

The above said Chandra History B.T.Teacher did not give her consent to work in the Higher Secondary School, she was de-promoted as a Secondary Grade Teacher and transferred to the Panchayat Union Primary School, Sunnampatti. Due to vacant from 01.01.2018, the Director of School Education issued a direction for special counselling. The said counselling has not been conducted. For this year the counselling for general transfer will be held between 20.05.2018 to 31.05.2018 at any date. In that general counselling, first preference will be given only for Headmaster, who were working within the Union or Block. For that she made a representation on 10.04.2018 to the first and second respondents herein requesting to give first preference in the general counselling, which is to be held between 20.05.2018 to 31.05.2018. But till date, no action has been taken. Hence, the petitioner is before this Court by filing the present Writ Petition.

5.Though the petitioner has come forward with this Petition seeking the above said larger relief, it is submitted by the learned counsel for the petitioner that the petitioner would be satisfied if a direction is given to the respondents to consider the representation of the petitioner, dated 10.04.2018. 6.Heard Mr.K.Karthikeyan, learned Government Advocate, appearing for the first and second respondents. 7.Taking into consideration the limited scope of the prayer now made by the learned counsel appearing for the petitioner, this Court, without going into the merits of the representation, is constrained to direct the respondents to consider the representation submitted by the petitioner, dated 10.04.2018 and pass orders on merits and in accordance with law, on or before 25.05.2018.

8.With the above said direction, the Writ Petition is disposed of. No costs.

-s/d- Vacation Officer/Assist Registrar True Copy Sub-Assistant Registrar maya

To 1.The District Elementary Educational Officer District Elementary Educational Office Dharmapuri District.

2.The Additional /Assistant Elementary Educational Officer Asst Elementary Educational Office Karimangalam, Dharmapuri District.

+1 cc to the Govt pleader sr 33829 +1 cc to M/s.K.Gandhi kumar Advocate sr 33695 W.P.No.12494 of 2018 aa25/05/2018