R.Seetha v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.09.2016 Coram The Hon'ble Mr.Justice R.SUBBIAH W.P.No.32567 of 2016 and W.M.P.No.28220 of 2016 1.R.Seetha 2.R.Padmavathy 3.D.Selvi 4.P.G.Gayathri 5.M.Sughapriya 6.S.Vijilda 7.N.Kalaivani 8.D.Rebeccal 9.M.Jayasheeli

...Petitioners

Versus

1.The State of Tamil Nadu rep. by the Director of Elementary Education, Chennai.

2.The District Elementary Education Officer, Kanchipuram.

3.The Assistant Elementary Education Officer, Padappai.

....Respondents Writ Petition has been filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, to direct the respondents to consider the petitioners for redeployment in the event of any vacancy or sanctioned post arising in and around Kundrathur Block, Kanchipuram District, in the light of the petitioners' representations dated 24.08.2016. For Petitioner :

Mr.C.Sivakumar For Respondents :

Mr.R.Rajeswaran, Spl GP

O R D E R

The petitioner has filed this Writ Petition, praying for issuance of a writ of Mandamus, to direct the respondents to consider the petitioners for redeployment in the event of any vacancy or sanctioned post arising in and around Kundrathur Block, Kanchipuram District, in the light of the petitioners' representations dated 24.08.2016.

2.It is stated that the petitioners herein were appointed as Secondary Grade Teachers on various dates and they were working in different Panchayat Union Schools in Kundrathur Union, Kanchipuram District. While so, an inspection was conducted by the respondents and a report dated 01.09.2015 was prepared. Based on the said inspection report, the 2nd respondent passed an order dated 13.08.2016 vide Na.Ka.No.1877/A5/2016, in and by which the petitioners were redeployed from Kundrathur Union to various schools in and around other blocks at Kanchipuram District. It is stated by the petitioners that they are permanent residents of Chennai and it is difficult for them to shift their residence to the place nearby to the schools to which they have now been deployed.

Further, they are spending considerable amount of time, money and energy for transportation to reach the schools from their respective residences. In this regard, the petitioners made representations dated 24.08.2016 to the respondents, requesting for preferential transfer to any of the school situated within Kundrathur Union or nearby areas, in the event of any vacancy or sanctioned post arises. Since the petitioners' representations were not considered by the respondents, they have come forward with the present writ petition.

3.Heard the learned counsel for the petitioner as well as the learned Special Government Pleader appearing for the respondents and perused the materials available on record. 4.Considering limited scope of the prayer sought for by the petitioners in this writ petition, without expressing any opinion the merits of the claim made by the petitioners, this Court directs the 2nd respondent to consider the representations dated 24.08.2016 given by the petitioners and to pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, this writ petition is disposed of.

No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Director of Elementary Education, State of Tamil Nadu Chennai.

2.The District Elementary Education Officer, Kanchipuram.

3.The Assistant Elementary Education Officer, Padappai.

+9cc's to Mr.C. Sivakumar, Advocate, S.R.No.53819 +1cc to the Government Pleader, S.R.No.53497 nr (CO) md (15/11/2016) W.P.No.32567 of 2016 and W.M.P.No.28220 of 2016