R.Dhanalakshmi, v. Director Of Elementary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2016

CORAM

THE HONOURABLE MR.JUSTICE M. SATHYANARAYANAN W.P. No. 32174 of 2016 & W.M.P. No. 27911 of 2016 R. Dhanalakshmi P. Kavitha K. Ilavarasi ..Petitioners Vs.

Director of Elementary Education, DPI Campus, College Road, Chennai 6.

District Elementary Educational Officer, Salem.

Assistant Elementary Education, Salem Urban Union, Salem.

..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the respondents to restore the petitioners' position in the Secondary Grade Teachers panel on the basis of the date of appointment in the Salem Urban Unit as reflected in the 2014 panel.

For Petitioner ::

Mr.M. Gnansekar For Respondents::

Mr.K. Dhananjayan, Special Govt. Pleader

O R D E R

By consent, the main writ petition itself is taken up for final disposal.

The 1st petitioner would claim that she is a destitute widow and therefore, she applied under the special category "Destitute Widow" and she was appointed as Secondary Grade Teacher on 15.02.2009 and posted to Municipal Middle School, Salem Urban, Car Street, Salem. The 2nd petitioner was

appointed on 01.05.2009 as Secondary Grade Teacher and posted to Municipal Primary School, Manakkadu, Salem Urban, Salem and the 3rd petitioner was also appointed on the same date and posted to Municipal Primary School, Chevvapettai, Salem Urban. All the three petitioners are similarly placed with a common grievance. The petitioners would state that the following persons were transferred from other Units to Salem Urban, on request, after the date of appointment of the petitioners: S.No.

Name of the person Place of Work Date of joining mentioned in the panel Actual date of joining S. Latha Vaiyapuri Street 15.10.2010 15.10.2010 A. Kamatchi Pasubava guru Nathan Street 22.11.2009 30.05.2013 G. Sheeladevi Kalarampatti 22.09.2009 30.05.2013 4.

Simon Yuvaraj Pachapatti 01.01.2011 01.01.2011 5.

Manopriya Ellappan Street 01.01.2011 30.05.2013 It is the claim of the petitioners that since the above mentioned persons were transferred to Salem Urban, on their request, they should lose their seniority and they should be placed below the persons, who are already working in the said Unit. The petitioners would further state that the 3rd respondent has prepared a panel of Secondary Grade Teachers working in Salem Urban as on 01.01.2016 in which the names of the petitioners have been included at Serial Nos. 120, 121 and 122 respectively. According to the petitioners, despite the fact that they have been working in the same place, right from 2009 onwards, the juniors have been placed above the petitioners and the petitioners have not been given either notice or hearing before revision of their seniority.

4.

The petitioners have also been subsequently transferred to other Units on deployment and all of them jointly submitted a representation dated 13.08.2016 to the 2nd respondent followed by another representation dated 16.08.2016 to the 1st respondent requesting to cancel the order of deployment. Though the said representations were received, the same were not given any disposal. The petitioners, in support of their case, also placed reliance upon G.O. (1D) No. 270 Education Department dated 10.07.2012.

5.

Mr.M. Gnanasekar, learned counsel appearing for the petitioners would submit that as on today, the petitioners are aggrieved by the fact that they are not only losing their seniority in the transferred unit, they are also not in a position to get back their seniority in the place from where they were transferred.

In this regard, a detailed representation has been submitted on 16.08.2016 by the petitioners to the 1st respondent. Since the said representation has not been given any disposal, the petitioners are constrained to file the present writ petition.

6.

Heard Mr.K. Dhananjayan, learned Special Government Pleader, who accepts notice on behalf of respondents 1 to 3. 7.

Though the petitioners pray for a larger relief, this Court, in the light of the facts and circumstances of the case and without going into the merits of the claim made by the petitioners, directs the respondents to consider the petitioners' representation dated 16.08.2016 and pass orders, in accordance with law, after putting on notice, all persons concerned, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. The interim order already granted is vacated and connected W.M.P is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar nv To Director of Elementary Education, DPI Campus, College Road, Chennai 6.

District Elementary Educational Officer, Salem.

Assistant Elementary Education, Salem Urban Union, Salem.

+1cc to the Government Pleader Sr.73675 W.P. No. 32174 of 2016 kji[co] srg 05/01/2017