Vickram Surya, v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.11.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.32113 of 2015 Vickram Surya ... Petitioner - Vs -

1. The Government of Tamil Nadu Represented by its Secretary, Department of Education, Fort St.George, Chennai-600 009.

2. The Director, Directorate of School Education, D.P.I.Campus, College Road, Chennai-600 006.

3. Joint Director (Personnel) for Secondary Schools, Directorate of School Education, DPI Campus, College Road, Chennai-6.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the respondents to consider the petitioner for transfer to the Chennai District in the forthcoming Counseling as per the G.O.Ms.No.232, dated 10.07.2015 issued by the 1st respondent.

For Petitioner : M/s.S.Meenakshi For Respondents : Mr.S.Gunasekaran Government Advocate

O R D E R

This Writ Petition has been filed seeking for a Mandamus directing the respondents to consider the petitioner for transfer to Chennai in the forthcoming Counseling as per the G.O.Ms.No.232, dated 10.07.2015 issued by the 1st respondent.

2. The case of the petitioner is that he is 70% visually challenged person and he was working as a B.T.teacher since 04.10.2007. On 28.06.2014, he was transferred to the Government Higher Secondary School, Mathur, Tiruvallur District.

3. The petitioner would state that his family is residing at Chennai and he has to take care of his aged parents and he finds it difficult to travel from Chennai to Tiruvallur . The petitioner would further state that there are vacancies in Chennai and therefore he submitted a representation dated 01.09.2015 seeking transfer to Chennai, which is not considered by the respondents. Hence, the present Writ Petition has been filed.

4. Heard the submissions of Mr.S.Meenakshi, learned counsel for the petitioner and Mr.S.Gunasekaran, learned Government Advocate who accepts notice on behalf of the respondents.

5. Though the relief sought for in this Writ petition is for a larger relief, this Court, taking into consideration the facts and circumstances of the case, without going into the merits of the case directs the second respondent to consider and dispose of the representation of the petitioner dated 01.09.2015, sympathetically 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.

This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar arr

To

1. The Secretary to Government of Tamil Nadu Department of Education, Fort St.George, Chennai-600 009.

2. The Director, Directorate of School Education, D.P.I.Campus, College Road, Chennai-600 006.

3. Joint Director (Personnel) for Secondary Schools, Directorate of School Education, DPI Campus, College Road, Chennai-6.

+1cc to M/s.S.Meenakshi, Advocate, S.R.No.63653 +1cc to the Government Pleader, S.R.No.63775 W.P.No.32113 of 2015 KSJ(CO) CA(15/12/2015)