Madras High CourtWP/15530/2012disposed of

D.Vijayan v. The Commissioner Of Adi

2016-06-13Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.No.15530 of 2012 and M.P.No.2 of 2012 D.VIJAYAN S/O.DAMODHARAN P.G.ASSISTANT (CHEMISTRY) G.T.R.HIGHER SECONDARY SCHOOL, KARUMANDURAI, SALEM DISTRICT ... PETITIONER Vs.

1 THE COMMISSIONER OF ADI DRAVIDAR AND TRIBAL WELFARE, CHEPAUK, CHENNAI 2 K.MURUGESAN POST GRADUATE TEACHER (CHEMISTRY) G.T.R.HIGHER SECONDARY SCHOOL, VELLIGOUNDANUR, SALEM DISTRICT 3 THE DISTRICT ADI DRAVIDAR AND TRIBAL WELFARE OFFICER, SALEM.

... RESPONDENTS Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari Mandamus, calling for the records of the 1st respondent in connection with the impugned order passed in and by proceedings Pro.Na.Ka.No.A2/ 840/2012 dated 1.6.2012 quash the same and consequently direct the 1st respondent official respondents to transfer and post the petitioner in G.T.R. Higher Secondary School Attur, Salem District in the place of the second respondent.

For Petitioner : Mr.M.Ravi For Respondents 1 &3 : Mr.A.Kumar, Spl.G.P. For Respondent No.2 : Mr.T.Murugamanickam https://hcservices.ecourts.gov.in/hcservices/

O R D E R

After some elaborate arguments, the learned counsel for the petitioner would state that his wife is working as P.G. Assistant (English) in Government Boys Higher Secondary School, Athur which is 55 Kms away from Karumandurai where the petitioner is working as P.G. Assistant (Chemistry) in GTR Higher Secondary School, Karumandurai from 11.8.2005. Hence, he would have been given preference for transfer to Athur. 2 As rightly pointed out by the learned counsel for the respondents 1 & 3 that on the basis of seniority and health ground, preference was given to the second respondent for transfer to Athur. Therefore, there is nothing wrong in that order. The respondent will consider the request of the petitioner at the time of promotion of the second respondent. 3 In view of the above, this writ petition is disposed of with a direction to the respondents 1 and 3 to consider the representation of the petitioner, dated 11.11.2011 at the time of promotion of the second respondent. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar vaan To 1 THE COMMISSIONER OF ADI DRAVIDAR AND TRIBAL WELFARE, CHEPAUK, CHENNAI 2 THE DISTRICT ADI DRAVIDAR AND TRIBAL WELFARE OFFICER, SALEM.

1 cc to The Government Pleader, sr.31950 1 cc to Mr.T.Muruga manickam, Advocate, sr.31738 1 cc to Mr.M.Ravi, Advocate, sr.32044 W.P.No.15530 of 2012 and M.P.No.2 of 2012 pa co kra 27.06.2016 https://hcservices.ecourts.gov.in/hcservices/