← Library
Madras High CourtWP/18998/2019disposed of

I.Arulmozhi, v. The State Of Tamil Nadu,

2019-11-06Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.18998 OF 2019 I.Arulmozhi ... Petitioner Vs.

1. The State of Tamil Nadu Rep. by Principal Secretary to Government, School Education Department, Fort St.George, Chennai 600 009.

2. The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

3. The Chief Educational Officer, Tiruvallur District, Tiruvallur.

4. The District Educational Officer, Avadi Educational District, Avadi, Chennai 600 071.

5. The Block Educational Officer, Poonamallee, Thiruvallur District.

6. Annai Lourdhu Primary School Rep. by its Correspondent.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the official respondents to consider the petitioner's representations dated 13.04.2019 and 13.05.2019 favourably and to pass orders for transferring and posting the petitioner as Secondary Grade Teacher in any other Govt. Aided Non Minority School or Panchayat Union School and to regularize the leave period of the petitioner with all consequential attendant monetary and service benefits including arrears of salary, within a time frame.

For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mrs.P.Kavitha for R1 to R5 Government Advocate Ms.G.Pramila for R6

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the official respondents to consider the petitioner's representations dated 13.04.2019 and 13.05.2019 favourably and to pass orders for transferring and posting the petitioner as Secondary Grade Teacher in any other Govt. Aided Non Minority School or Panchayat Union School and to regularize the leave period of the petitioner with all consequential attendant monetary and service benefits including arrears of salary, within a time frame.

2.Heard the arguments advanced on either side. 3.The case of the petitioner is that the petitioner was initially appointed as Secondary Grade Teacher in Kalaingar Muthukrishnan Aided Non-Minority Primary School in Tiruvottiyur on 03.12.2008 and due to certain lapses by the School Management, the said School was closed in the year 2016 and the Teachers working in that School were transferred to other aided Schools and the petitioner was transferred and appointed as Secondary Grade Teacher in Annai Lourdhu Primary School, a Minority School vide proceedings of the District Educational Officer on 12.12.2016.

4.It is the further case of the petitioner that the petitioner was given trouble right from the inception and was subjected to serious harassment and humiliation by the School Management. Hence, the petitioner made representation to the respondents seeking to transfer and to post the petitioner in any other Non Minority Aided School or even in Government/ Panchayat Union School, however, the same has not yet been considered. Hence, this petition.

5.The learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representations dated 13.04.2019 and 13.05.2019 and to pass appropriate orders.

6.Considering the limited request made by the learned counsel appearing for the petitioner, I am inclined to issue direction to the respondents to consider the petitioner's

representations dated 13.04.2019 and 13.05.2019, on merits and in accordance with law, as expeditiously as possible. 7.The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar pri To

1. The Principal Secretary to Government, School Education Department, Fort St.George, Chennai 600 009.

2. The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

3. The Chief Educational Officer, Tiruvallur District, Tiruvallur.

4. The District Educational Officer, Avadi Educational District, Avadi, Chennai 600 071.

5. The Block Educational Officer, Poonamallee, Thiruvallur District.

+1cc to Mr.G.Sankaran, Advocate, S.R.No.92639 +1cc to the Government Pleader, S.R.No.93078 W.P.No.18998 of 2019 BS(CO) CS/02/12/2019