V.P.Sumathi, v. The Director Of School

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2016

CORAM

THE HON'BLE MR. JUSTICE B.RAJENDRAN WP.No.25022 of 2016 V.P.Sumathi .. Petitioner Vs.

1.The Director of School Education DPI Campus College, Chennai-600 006.

2.The Joint Director of School Education (Personnel) DPI Campus, College, Chennai-600 006.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, to direct the respondents to pass appropriate orders for retransferring/restoring the petitioner to the vacancy to the post of B.T.Assistant (Maths) in Jai Gopal Garodia Girls Higher Secondary School, Choolaimedu, Chennai District, by considering the representation submitted by the petitioner, dated 20.06.2016, within a time frame to be fixed by this Court and to pass such further orders as this Court may deem fit and proper in the facts and circumstances of the case.

For Petitioner :

Mr.G.Sankaran For Respondents:

Mr.K.V.Dhanapalan Additional Government Pleader * * *

O R D E R

By consent, the Writ Petition is taken up and disposed of at the admission stage itself.

2. This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to pass appropriate orders for retransferring/restoring the petitioner to the vacancy to the post of B.T.Assistant (Maths) in Jai Gopal Garodia Girls Higher Secondary School, Choolaimedu, Chennai District, by considering the representation submitted by the petitioner, dated 20.06.2016, within a time frame to be fixed by this Court.

3.The petitioner was initially appointed as B.T.Assistant (Maths) in School Education through Teacher Recruitment Board on 18.07.2002. She was transferred to various Schools due to deployment. While she was working in Jai Gopal Garodia Girls Higher Secondary School, Chennai, she was transferred to Vellore District, on 16.07.2012, due to deployment. The grievance of the petitioner is that due to retirement of an incumbent on 31.05.2016, a vacancy arose in the Jai Gopal Garodia Girls Higher Secondary School, Chennai, in which vacancy, she should have been accomodated. In this regard, the petitioner has made a representation on 20.06.2016, but, there was no response till date and hence, the present Writ Petition has been filed seeking the relief stated supra.

4. Mr.G.Sankaran, the learned counsel for the petitioner would submit that the petitioner would be satisfied, if the respondents are directed to consider the representation of the petitioner, dated 20.06.2016, and pass orders, within a time frame.

5. Mr.K.V.Dhanapalan, the learned Additional Government Pleader, who took notice on behalf of the respondents, has got no serious objection in directing the respondents to consider the representation of the petitioner, dated 20.06.2016 and to pass appropriate orders, on merits and in accordance with law.

6. Considering the above submission, this Court, without going into the merits of the claim made by the petitioner, directs the respondents to consider the representation of the petitioner, dated 20.06.2016, and pass appropriate orders, on merits and in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner.

7. The Writ Petition is disposed of accordingly. No costs. paa s/d- Assistant Registrar(CS-VII) True Copy Sub-Assistant Registrar To 1.The Director of School Education DPI Campus College, Chennai-600 006.

2.The Joint Director of School Education (Personnel) DPI Campus, College, Chennai-600 006.

+ 1 cc to M/s.G.Sankaran, Advocate SR 47100 ppa(co) prk19/8 W.P.No.25022 of 2016