S.Muthuarasu, Sec.Grade Asst. v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Writ Petition No.27955 of 2015 S.Muthuarasu ... Petitioner Vs.

1. The Principal Secretary to Government, Education Department, Secretariat, Chennai

2. The Director, Tamil Nadu Schools Education, Chennai - 6

3. The Chief Educational Officer, Office of Chief Educational Office, Coimbatore - 641 001

4. The District Educational Officer, Coimbatore

5. Francina Sahaya Rani ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the third respondent to dispose of the representation of the petitioner, dated 17.08.2015 and to further direct the second respondent to transfer the petitioner to the Government Higher Secondary School, Peedampalli.

For Petitioner : Mr. R.Karthikeyan For Respondents : Mr. N.Srinivasan, AGP., for R-1 to R-4

O R D E R

Admit. Mr.N.Srinivasan, learned Additional Government Pleader, takes notice for respondents 1 to 4. By consent of the learned counsel for both sides, the writ petition is taken up for final disposal at the admission stage itself.

2. Heard the learned counsel for both sides.

3. The petitioner would state that he is at present working as a Secondary Grade Assistant Teacher at C.C.M.A. Government Girls Higher Secondary School, Coimbatore and he participated in the counselling held on 12.08.2015, seeking transfer to Government Higher Secondary School, Peedampalli, Coimbatore Taluk and District. Though he along https://hcservices.ecourts.gov.in/hcservices/

with six teachers are present on the commencement of the counselling, at 09.15 am on 12.08.2015, the counselling was not held and it was passed over and belatedly, the teachers, who came late were allowed to participate in the counselling and consequently, the petitioner was not accommodated in the place in which he required transfer. In this regard, the petitioner has submitted a representation dated 17.08.2015, through proper channel, to the third respondent. Since no orders have been passed, the petitioner has come forward to file this writ petition.

4. This Court has carefully considered the submissions made by the learned counsel for both sides and perused the materials available on record.

5. Though the petitioner prayed for a larger relief, this Court, in the light of the facts and circumstances of the case and without going into the merits of the representation submitted by the petitioner, directs the third respondent to consider the representation, dated 17.08.2015, in accordance with law, after putting on notice the fifth respondent, and pass orders, within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

6. This writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar TO

1. The Principal Secretary to Government, Education Department, Secretariat, Chennai

2. The Director, Tamil Nadu Schools Education, Chennai - 6

3. The Chief Educational Officer, Office of Chief Educational Office, Coimbatore - 641 001

4. The District Educational Officer, Coimbatore +1cc to Government Pleader, High court Madras. (sr.48269) +1cc to Mr.R.Karthikeyan, Advocate (sr.47911) W.P.No.27955 of 2015 Bvr(co cp 25/09/2015 https://hcservices.ecourts.gov.in/hcservices/