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Madras High CourtWP/19873/2020disposed of

P.Roseline Mary v. The Director Of School Education,

2022-01-04Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUD9ICATURE AT MADRAS

DATED : 04.01.2022

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P. NO.19873 OF 2020 AND WMP NO.24543 OF 2020 P.Roseline Mary

...Petitioner

Vs 1.The Director of School Education, College Road, Chennai.

2.The Joint Director of School Education (Personnel), Office of the Director of School Education, College Road, Chennai.

...Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to direct the respondents to consider the petitioner's request for transfer based on her representation dated 06.08.2020 and 11.12.2020 to any of the available vacancies the following schools in Tirunelveli District, Government Girls High School, Cheranmahadevi, Periyar Government Higher Secondary School, Cheranmahadevi, A.V.Rm.V.Government Girls Higher Secondary School, Ambasamuthiram & Government Higher Secondary School, Kallidaikurichi.

For Petitioner :

Mr.N.Balamuralikrishnan For Respondents :

Mr.Abishek Moorthy Government Advocate

O R D E R

The case of the petitioner is that she was appointed as Block Resource Teacher on 17.07.2006 and subsequently promoted and appointed as B.T. Assistant in Government High School, Karaiyoor, Rameshwaram, Ramanathapuram District. She is a physically challenged person with 50% disability in her legs. The petitioner appears to have submitted an application on 06.08.2020 requesting transfer to her native place citing her health condition and disability.

The grievance of the petitioner is that her transfer application has not been considered till date.

https://hcservices.ecourts.gov.in/hcservices/

2. Mr.Abhishek Moorthy, learned Government Advocate appearing for the respondents, on instructions, would submit that the transfer counselling is likely to take place in the second or third week of January, 2020 and if an application is made by the petitioner as per the new norms and eligibility now published for the ensuing transfer counselling, the same will be considered sympathetically during the ensuing transfer counselling.

3. In view of the aforesaid submission, the respondents are directed to consider the application, if and when made by the petitioner seeking transfer to her native place on the ground that she is a physically disabled person, with due empathy and pass appropriate orders in this regard.

4. The Writ Petition is disposed of. No costs. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar sl To 1.The Director of School Education, College Road, Chennai.

2.The Joint Director of School Education (Personnel), Office of the Director of School Education, College Road, Chennai.

+1cc to the Government Pleader Sr.No.1078 W.P.No.19873 of 2020 and WMP No.24543 of 2020 SPD(CO) RVM(31/01/2022) https://hcservices.ecourts.gov.in/hcservices/