Tmt. M.Parimalarani, v. Director Of School Education,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11-08-2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.24730 of 2015 and M.P.No.1 of 2015 M.Parimalarani .. Petitioner vs
1. Director of School Education Chennai 600 006
2. The Education Officer Education Department Corporation of Chennai Chennai 600 003
3. Headmaster Chennai Corporation Boys Higher Secondary School Lloyds Road Chennai 600 014 .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 2 and 3 to relieve the petitioner as per the order passed by the second respondent in his proceedings No.Ka.Thu.Na.Ka.No.E3/12224/2014 dated 30.3.2015, so as to enable the petitioner to join at Government Girls Higher Secondary School, Keezhakavattankurichi, Ariyalur District, as per the order passed by the first respondent in his proceedings Na.Ka.No.64040/W.2/E.2/2013 dated -11-2014 as modified in his proceedings Na.Ka.No.029869/W.3/ E.1/2013 dated 22.4.2015.
For Petitioner : Mr.C.Selvaraju Senior Counsel for M/s.C.S.Associates For Respondents : Mr.R.Vijayakumar Additional Government Pleader for R1 Mr.P.V.Selvakumar for RR2 & 3
ORDER
By consent, the writ petition itself is taken up for final disposal.
2.The petitioner would state that she is possessing qualification of B.A. (English), M.A. (English), B.Ed. and M.Phil (English) and registered her name in the Employment Exchange and she was appointed as Post Graduate Assistant (English) on 1.10.2012, in the third respondent-School. She would further state that she belongs to Mettupalayam in Tiruchirapalli District and was given in marriage at Thuraiyur, Tiruchirapalli District, and her husband was an ex-serviceman at the time of marriage and out of the wedlock, they begot three children.
3.It is further stated by the petitioner that her husband is no more and she has to look after the children and therefore, she made a request praying for transfer and the Education Department, Corporation of Chennai, vide letter dated 24.10.2014, addressed to the Director of School Education, has also expressed his no objection for transferring the petitioner from the third respondent-School and accordingly, the first respondent vide letter of November, 2014, has transferred the petitioner to the Government Girls High School, Mettupalayam, Tiruchirapalli District, subject to certain conditions. 4.
The grievance expressed by the petitioner, is that though the order of transfer came to be passed as early as in November, 2014, she is yet to be relieved by the third respondent and invited the attention of this Court that the Education Officer of Chennai Corporation vide letter dated 30.3.2015, has requested the third respondent to pass the relieving order and in spite of it, no orders have been passed and hence, came forward to file this writ petition. 5.Mr.C.
Selvaraju, learned Senior Counsel appearing for the petitioner, would submit that in spite of the direction given by the Education Officer of Corporation of Chennai, the third respondent for the reasons best known to him, has not relieved the petitioner so far, and despite difficult family circumstances, the petitioner is forced to stay at Chennai and however, in view of the fact that no decision was taken, the petitioner was accommodated in the Government Girls High School, Keezhakavattankurichi, Ariyalur District, and hence, prays for appropriate orders.
6.The Court heard the submissions of Mr.R.Vijayakumar, learned Additional Government Pleader, who accepted notice on behalf of the first respondent, and Mr.P.V.Selvakumar, learned Standing Counsel, who accepted notice on behalf of the respondents 2 and 3, also.
7.This Court, taking into consideration the above facts and circumstances, directs the third respondent to act on the proceedings of the Education Officer, Chennai Corporation, dated 30.3.2015, made in Ka.Thu.Na.Ka.No.E3/12224/2014, and pass the relieving order in favour of the petitioner, within a period of one week from the date of receipt of a copy of this order and communicate the same to the petitioner. In the event of any Counselling being held, the post of P.G. Assistant (English) at the Government Girls Higher Secondary School, Keezhakavattankurichi, Ariyalur District, shall be kept vacant till then. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. nsv s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To:
1. The Director of School Education Chennai 600 006
2. The Education Officer Education Department Corporation of Chennai Chennai 600 003
3. The Headmaster Chennai Corporation Boys Higher Secondary School Lloyds Road Chennai 600 014 + 1 cc to Mr.P.V.Selvakumar, Advocate SR 41925 + 1 cc to M/s.C.S.Associates, SR 41795 skv(co) prk17/8 W.P.No.24730 of 2015