V.Lakshmi v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :

Coram THE HON'BLE MR JUSTICE N.SATHISH KUMAR Writ Petition No.23743 of 2023 V.Lakshmi ..... Petitioner -Versus1.The Principal Secretary to Government, Department of School Education, Fort St. George, Secretariat, Chennai.

2.The State Project Director, Samagra Shiksha, DPI Campus, Nungambakkam, Chennai 600 006.

..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to implement Clause 4(1)(A) of G.O.(1D) No.134, School Education [Pa.Ka.5(1)] Department, dated 18.08.2021 in regard to conversion of 500 senior most Block Resource Teacher Educators as B.T. Assistants every academic year in the interest of the Government School students based on the joint representation of the petitioner and others dated 07.07.2023 within the time limit. For Petitioner : Mr.G.Thalaimutharasu For Respondent (s) : Mr.P.Baladhandayutham, Spl. Govt. Pleader for RR1 & 2

ORDER

The petitioner was selected for the post of Block Resource Teacher Education for Mathematics subject by the Teachers Recruitment Board for the year 2009-2010 and was appointed as Block Resource Teacher Education under Serva Shiksa Abhiyan Scheme on 15.10.2020. As of now, she has been working as such in T.Vadipatti Block Resource Centre in Madurai District. As per G.O.Ms.No.16, School Education (Q2) Department dated 05.02.2022 and G.O.Ms.No.52, School Education (Q2) Department dated 30.06.2006, the post of Block Resource Teacher Educator and B.T. Assistant are interchangeable and are subject to transfer within the district with their consent.

While so, on the ground that there was a surplus of Teacher Educators in some of the Districts and at the same there was a demand in some other Districts, the Education Department had decided to deploy the surplus Educators to the vacant post of some other Districts. Accordingly, many of the Block Resource Teacher Educators were compulsorily and forcibly deployed to other Districts in 2014. The petitioner was one among them and she was transferred to Vellore District. There was no counselling held thereafter for transfer. Therefore, on their representation, the Government has issued G.O.(1D) No.134, dated 18.08.

transfer of Block Resource Teacher Educators and conversion of Block Resource Teacher Educators to the post of B.T. Assistant in the Government Schools. The grievance of the petitioner is that joint representation dated 19.07.2023 sent by her along with some of the similarly placed persons seeking to implement the clause 4(1)(a) of the above said Government orders has not been considered till date. Hence, the present writ petition.

2. Heard both sides.

3. Considering the limited nature of the relief sought for in the writ petition, this court, without going into the merits of the matter, directs the respondents to consider the joint representation made by the petitioner along with the others dated 07.07.2023 seeking implementation of the Government Order in G.O.(1D) No.134, School Education [Pa.Ka.5(1)] Department, dated 18.08.2021 with respect conversion of senior most Block Resource Teacher Educators as B.T. Assistants and pass appropriate orders on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order. This writ petition is disposed of accordingly with the above direction. No costs.

Index : yes / no : yes / no kmk

To 1.The Principal Secretary to Government, Department of School Education, Fort St. George, Secretariat, Chennai.

2.The State Project Director, Samagra Shiksha, DPI Campus, Nungambakkam, Chennai 600 006.

N.SATHISH KUMAR.J., kmk