Tamil Nadu All Resource Teachers Development Association v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2024

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.No.23146 of 2021 Tamil Nadu all Resource Teachers Development Association, Reg.No.63/2009, Represented by its Treasurer, Mr.J.RAvi ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by its Principal Secretary to Government, Fort St. George, Chennai 600 009.

2.The Director, 3.The State Project Director, Samagra Shiksha Abhiyan (SSA), Chennai-6.

4. The Joint Director (Personnel), ... Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring that G.O.(1D) No.134 School Education (Pa.Ka.5(1)) Department is opposed to the Sarva Shiksha Abhiyan Programme of the Central Government in so far as the said G.O. In paras 4(1) and 4(6) of the said government order do not accept the desire of the BRTEs (Block Resource Teacher Educators) not to get transferred as BT Assistants and treats all the posts of Block Resource Teacher Educator as Zero Vacancy and transfer the BRTEs (Block Resource Teacher Educators) to continue as BRTEs (Block Resource Educators) as long as the Sarva Shiksha Abhitan programme of the Central Government is under implementation.

For Petitioner : Mr.C.Uma For Respondents : Mr.K.H.Ravikumar, Government Advocate

O R D E R

When the matter is taken up for consideration, it is brought to the notice of this Court that the validity of the very same impugned order i.e., G.O (1D) No.134, School Education Department dated 18.08.2021, insofar as clause 4(i)(m)(c)&(V) was already decided by a learned Division Bench of this Court in W.A (MD) No.2230 of 2023 by an order dated 07.11.2023 and the SLP filed there-against was also dismissed by the Hon'ble Apex Court by an order dated 05.01.2021.

2. This Court after having perused the said order is fully convinced that the issue in this Writ Petition is squarely covered by the said orders passed by the learned Division Bench, as confirmed by the Hon'ble Apex Court.

3. In the light of the above, the relief sought for in this Writ Petition cannot be granted and nothing survives for adjudication and the same is accordingly dismissed. No costs. Connected Miscellaneous Petitions, if any shall stand closed. 02.07.2024 (12/13) dpa Index : Yes / No Speaking order / Non-speaking order To

1. The Principal Secretary to Government, State of Tamil Nadu, Fort St. George, Chennai 600 009.

2.The Director, MUMMINENI SUDHEER KUMAR, J.

dpa 3.The State Project Director, Samagra Shiksha Abhiyan (SSA), Chennai-6.

4. The Joint Director (Personnel), and W.M.P.No.23146 of 2021 02.07.2024 (12/13)