V.Venkatesan v. The Director Of Elementary Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2022

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE & W.M.P. Nos. 25357, 25358 & 28106 of 2022 V. Venkatesan ..Petitioner Vs.

1.

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

The Chief Educational Officer, Krishnagiri.

The District Educational Officer, Hosur.

The Block Educational Officer, 1\5

5.

P. Annaiyya ..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Certiorari to call for the records of the 1st respondent in Na.Ka. No. 012267/I4/2022 dated 16.09.2022 and consequential order Na.Ka. No. 004672/I4/2022 dated 16.09.2022 so far as it posts the 5th respondent to Hosur Block in the place of the petitioner and quash the same. For Petitioner ::

Ms. Dakshayani Reddy For Respondents ::

Mr.S. Yashwanth, Addl. Govt. Pleader for R1 to R4

O R D E R

This writ petition has been filed challenging the transfer order dated 16.09.2022 issued to the petitioner transferring him from Hosur to 2\5

Today, when the matter is taken up, learned counsel for the petitioner, on instructions, would submit that the petitioner is willing to join duty at the transferred place as per the impugned order provided he is allowed to give a representation to the official respondents requesting them to transfer him either to his original place or at Kaveripattinam and the said representation is considered on merits and in accordance with law, as and when any vacancy arises.

As no prejudice is going to be caused to the respondents, if such a direction is issued in this case, the writ petition is disposed of in the following manner.

The petitioner is directed to join duty at the transferred place ie, Vellore, as per the impugned order dated 16.09.2022 within a period of one week from the date of receipt of a copy of this order. On joining duty, within a period of one week, the petitioner is directed to give a representtion to the official respondents requesting them to re-transfer him to his original place or Kaveripattinam as and when any vacancy arises in any of the said 3\5

places. On receipt of ABDUL QUDDHOSE,J.

nv such a representation, the official respondents shall pass final orders on the said representation on merits and in accordance with law within a period of two weeks from the date when a vacancy arises in Kaveripattinam or the petitioner's previous place of posting prior to the impugned transfer. 5.

The writ petition is disposed of accordingly. No costs. Connected W.M.P.s are closed.

24.11.2022 nv To 1.

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

The Chief Educational Officer, Krishnagiri.

The District Educational Officer, Hosur.

The Block Educational Officer, 4\5

5\5