Madras High CourtWP/21282/2019disposed of

S.Nagaraj v. The State Of Tamil Nadu,

2019-10-03Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.21282 of 2019 and WMP.Nos.20491, 20493 & 20500 of 2019 1.S.Nagaraj 2.M.Ravi 3.E.Rajendran 4.K.Karthikeyan 5.P.Palanisamy 6.G.Pandian 7.S.Sundararajan 8.K.Jaisankar 9.S.Arulraj 10.A.Vijayan 11.P.Selvam 12.S.Velmurugan 13.K.Vijayakumar 14.K.Krishnamurthy 15.C.Dhamu 16.D.Barathi 17.K.Rajakumar 18.G.Gurappa 19.M.A.Thiruvarutchelvan 20.K.Murygaiyan 21.K.Kamal Kumar Sugirtharaj Victor

22. B.Mani 23.S.Vadivelu 24.S.Ramesh kumar 25.M.Nandha kumar 26.K.Nagaiya 27.S.Saraswathi 28.P.Sivasankar 29.S.Shanthi 30.R.Nirmala 31.C.Krishnan 32.N.R.Sreela 33.G.Thavikumar 34.K.Baby 35.P.Velmurugan 36.E.Ashokan 37.K.Jayasankar

38.R.Suresh 39.E.B.Sumangala 40.R.Senthil kumar 41.V.Deiva Sigamani 42.S.Indirani .. Petitioners vs 1.The State of Tamil Nadu Rep by its Principal Secretary to Government, School Education Department, Fort.St. George,, Chennai - 600 009.

2.The Director of School Education, Directorate of School Education, College Road, Chennai - 600 006.

3. The Chief Educational Officer, Thiruvannamalai District, Thiruvannamalai - 606 602.

4. The Chief Educational Officer, Nagapattinam District, Nagapattinam - 611 001.

5. The Chief Educational Officer, Dharmapuri District, Dharmapuri - 636 701.

6. The Chief Educational Officer, Ariyalur District, Ariyalur - 621 212.

7. The Chief Educational Officer, Thiruvarur District, Thiruvarur - 610 001.

8. The Chief Educational Officer, Villupuram District, Villupuram - 605 602.

9. The Chief Educational Officer, Erode District, Erode - 638 001.

10. The Chief Educational Officer, Krishnagiri District, Krishnagiri - 635 001.

11. The Chief Educational Officer, Vellore District, Vellore.

12. The Chief Educational Officer, Nilgiris District, Nilgiris.

13. The Chief Educational Officer, Madurai District, Madurai.

14. The Chief Educational Officer, Kancheepuram District, Kancheepuram.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to Clause 9(i) of G.O.(ID).No.218 School Education (Pa.Ka5(1) Department dated 20.06.2019 passed by the 1st Respondent and quash the same in so far as the petitioners are concerned and consequently direct the respondents 2 to 14 to permit petitioners to participate in the General Transfer Counseling to be conducted for teachers working in Government High Schools and Government Higher Secondary Schools as Headmasters, Physical Director Grade-2 and PG Assistants on the dates to be notified by the 1st respondent for general transfer counselling pursuant to G.O.(1D) No.218, School Education (Pa.Ka.5(1) Department, dated 20.06.2019 and G.O.(1D) No.244, School Education (Pa.ka.5(i) Department, dated 05.07.2019.

For Petitioners : Mrs.Nalini Chidambaram Senior Counsel For M/s. C.Uma For Respondents : M/s.P.Kavitha Government Advocate

O R D E R

The petitioners, as Head Master have filed the present writ petition challenging the G.O.(ID)No.218 School Education Department on the ground that there was arbitrariness regarding conducting general counselling for transferring the Teachers from one School to another School including the Teachers working in the Corporation and Municipality Middle School, Higher Secondary School. Challenging the Scheme framed in the above said G.O., the present writ petition has been filed.

2. The learned counsel for the petitioners would submit that challenging the very same G.O., writ petitions were filed before the Madurai Bench of this Court in W.P.Nos.14188 of 2019 and etc batch and the Madurai Bench of this Court has passed a detailed order in the said batch on 27.08.2019 and issued certain directions to the Government. He would further submit that similar order may be passed in this writ petition also.

3. The learned Government Advocate would submit that the respondents-Government accepted the recommendation made in the decision in respect of paragraph -17 of the above said order and undertakes to follow the directions issued by the Madurai Bench of this Court.

4. This Court also perused the above decision and heard the submissions made on either side. The very same prayer has been dealt with in the batch of writ petitions in W.P.Nos.14188 of 2019 and etc batch dated 27.08.2019 by the Madurai Bench of this Court. It is useful to extract hereunder the relevant paragraph No.17 of the above order:- " 17. Therefore, in the interest of justice, this Court is inclined to modify the condition 9(i) of the G.O(1D).No.218 School Education [Pa.Ka.5(1)] Department dated 20.06.2019 and Clause (10), omitting the relaxation available to the physically disabled candidates, with the following directions: i) The petitioners, who are all coming under the categories of deployment or by promotions for the academic year 20182019, not completing one year of service in the present working place, are entitled to attend the General Transfer Counselling to be held for this academic year 2019-20, provided they have not attended the General Transfer Counselling prior to 1.6.2019 as per the impugned order passed by the respondent.

ii)The petitioners, who are all coming under the categories of deployment or by promotions for the academic year 2017-2018, not completing one year of service in the present working place as on 1.6.2018, are entitled to attend the General Transfer Counselling to be held for this academic year 201920, provided they have not attended the General Transfer Counselling prior

to 1.6.2019 as per the impugned order passed by the respondent.

iii Clause 10 of the impugned order relates to priority category, the Secretary to Government is directed to pass appropriate orders, in view of letter No.21787/SE5(1) 2019-1, dated 26.8.2019, School Education Department, Secretariat, Chennai -9, within a period of two weeks from the date of receipt of a copy of this order.

iv) If any of the writ petitioners have not submitted their applications so far to seek their remedy, they are at liberty to submit their applications before the appropriate authority within a period of one week from the date of receipt of a copy of this order. This order is applicable only to the writ petitioners herein.

v) In the light of the aforesaid order, after receiving such applications from the writ petitioners, the authority concerned shall permit the writ petitioners to the forthcoming General Transfer Counselling for the academic year 2019-20, if they are otherwise eligible."

In view of the above, this Court directs to extend the same benefit to the petitioners herein. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CJ Conf) // True Copy// Sub Assistant Registrar msrm/kkd

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