S.Amudha v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.25900 of 2022 and W.M.P.Nos.24982 & 24984 of 2022 S.Amudha ....

Petitioner Vs 1 The State of Tamil Nadu, rep. by its Principal Secretary to Government, School Education Department, Fort St.George Chennai-600 009.

2 The Director of Elementary Education Directorate of Elementary Education, DPI Campus, College Road, Chennai-600 006.

3 The Chief Educational Officer, Chief Educational Office, III Floor, Collectorate, Salem-636 001.

4 The District Educational Officer, District Educational Office, Govt. Boys Higher Secondary School Campus Edappadi, Salem District-637 105.

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5 The Block Educational Officer-1, Block Educational Office, Mecheri, Mettur Taluk, Salem District-636 453.

6 The Head Mistresses, Panchayat Union Middle School, Karumbusaliyur, Vellar Post, Mettur Taluk , Salem District-636 451.

7 Ravindranath BT Assistant (Science) Panchayat Union Middle School Karumbulisaliyur Mecheri Block Mettur Taluk Salem District.

....

Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the proceedings of the 4th respondent having Ref. No.

Na.Ka.No.3168/B4/ 2022 dated 03.09.2022 transferring the petitioner and the proceedings of the 5th respondent having Na.Ka.No.1482/A2/2022 dated 03.09.2022 relieving the petitioner and quash the same and consequently direct the 4th respondent to re-transfer the petitioner as BT Assistant in the Panchayat Union Middle School, Karumbusaliyur, Mecheri Block, Mettur Taluk, Salem District, 6th respondent herein in the place of 7th respondent herein.

For Petitioner : Mrs.C.Uma For R1 to R6 : Mrs.S.Mythereya Chandru Special Government Pleader For R7 : Mrs.Suneetha 2/6

ORDER

This Writ Petition has been filed challenging the order of transfer dated 03.09.2022 in Na.Ka.No.3168/B4/2022 passed by the fourth respondent and the relieving order dated 03.09.2022 in Na.Ka.No.1482/A2/2022 passed by the fifth respondent, thereby transferring the petitioner from the Panchayat Union Middle School, Karumbusaliyur, Mecheri Block, Mettur Taluk, Salem District to the Panchayat Union Middle School, M.Pallipattu, Mecheri Block, Metytur Taluk, Salem District.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner was appointed as Secondary Grade Teacher on 06.10.2004 in the Panchayat Union Primary School, Mallappanur, Mecheri Block, Mettur Taluk, Salem District. She was promoted to the post of BT Assistant (Science) on 19.06.2014 in Panchayat Union Middle School, Karunusaliyur, Mecheri Block, Mettur Taluk, Salem District. While being so, she was transferred to the Panchayat Union Middle School, M.Pallipatti, 3/6

Mecheri Block, Mettur Taluk, Salem District. The grounds raised by the petitioner is that only to accommodate the seventh respondent, the order transferring him from the Panchayat Union Middle School, M.Pallipatti, Mecheri Block has been passed. Admittedly, the petitioner did not challenge the order of transfer of the seventh respondent, thereby transferring him to the petitioner's School. After order of transfer, she was also relieved.

4. The learned counsel appearing for the petitioner submitted that the petitioner had already joined and she is working. That apart, the seventh respondent also had joined in the petitioner's School on 06.09.2022 and she is working in Block Resource Centre, Mecheri Block.

5. Therefore, this Court finds no infirmity or illegality in the order of transfer dated 03.09.2022 passed by the fourth respondent and the relieving order dated 03.09.2022 passed by the fifth respondent. Thus, the writ petition is devoid of merits and it is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. Consequently, connected 4/6

miscellaneous petitions are closed. No costs.. 05.02.2024 Index:Yes/No Speaking Order: Yes Lpp To 1 The Principal Secretary to Government, School Education Department, Fort St.George Chennai-600 009.

2 The Director of Elementary Education Directorate of Elementary Education, DPI Campus, College Road, Chennai-600 006.

3 The Chief Educational Officer, Chief Educational Office, III Floor, Collectorate, Salem-636 001.

4 The District Educational Officer, District Educational Office, Govt. Boys Higher Secondary School Campus Edappadi, Salem District-637 105.

5 The Block Educational Officer-1, Block Educational Office, Mecheri, Mettur Taluk, Salem District-636 453.

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G.K.ILANTHIRAIYAN, J.

Lpp W.P.No.25900 of 2022 and W.M.P.Nos.24982 & 24984 of 2022 05.02.2024 6/6