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Madras High CourtWP/29838/2022disposed of

S.Savitha v. The Director Of Elementary Education

2022-11-11Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11.11.2022 Coram:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE --- S.Savitha .. Petitioner Vs.

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

2. The Chief Educational Officer, Dharmapuri District, Dharmapuri.

3. The District Educational Officer, Harur Education District, Dharmapuri District.

4. The Block Educational Officer, Karimangalam Block, Dharmapuri District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 25.10.2022 for transfer and posting in any one of the vacancy to the post of B.T.Assistant (Maths) in Panchayat Union Middle School, Morasuhalli or Panchayat Union Middle School, Adilam, both coming under Karimangalam Union, Dharmapuri District, in modification of earlier order issued by the first respondent in Na.Ka.No.5654/D1/2022, dated 29.06.2022, 1 / 6

within a time frame to be fixed by this Court. For petitioner : Mr.G.Sankaran For respondents: Mr.C.Sathish, Govt. Advocate

ORDER

The Writ Petition has been filed for Mandamus to the respondents to consider the petitioner's representation dated 25.10.2022 seeking for transfer and posting her in any one of the vacancy to the post of B.T.Assistant (Maths) in Panchayat Union Middle School, Morasuhalli or Panchayat Union Middle School, Adilam, both coming under Karimangalam Union, Dharmapuri District, in modification of earlier order issued by the first respondent in Na.Ka.No.5654/D1/2022, dated 29.06.2022, within a time frame to be fixed by this Court.

2. The case of the petitioner is that earlier she was posted on promotion as B.T.Assistant (Maths) to Panchayat Union Middle School, Dhasambail, Karimangalam Block, Dharmapuri District. However, based on the complaint given by one of her co-employees, the transfer was ordered to be modified by order dated 29.06.2022. The said modification order was challenged by the petitioner before this Court in W.P.No.17789 of 2022, which is pending. The 2 / 6

petitioner now contends that in order to buy peace, she will be withdrawing W.P.No.17789 of 2022 and instead, she requests for a direction to the respondents to consider her fresh representation, dated 25.10.2022 seeking for transfer and posting her in any one of the vacancy to the post of B.T.Assistant (Maths) in Panchayat Union Middle School, Morasuhalli or Panchayat Union Middle School, Adilam, both coming under Karimangalam Union, Dharmapuri District. The petitioner contends that she is having two children, one son and one daughter, and therefore, it will be difficult for her to remain in the place of present posting and on that ground, she has sought for transfer. Since her representation has not been considered till date, she has filed the present Writ Petition.

3. Heard both sides and perused the materials available on record.

4. The petitioner has filed documents along with the Writ Petition to substantiate her claim for transfer as per the relief sought for in her representation. She has given a representation on 25.10.2022 for the said purpose. No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

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5. For the foregoing reasons, this Writ Petition is disposed of, with a direction to the second respondent to pass final orders on the representation of the petitioner, dated 25.10.2022 on merits and in accordance with law, for transfer and posting her in any one of the vacancies to the post of B.T.Assistant (Maths) in Panchayat Union Middle School, Morasuhalli or Panchayat Union Middle School, Adilam, both coming under Karimangalam Union, Dharmapuri District, in modification of earlier order issued by the first respondent in Na.Ka.No.5654/D1/2022, dated 29.06.2022, within a period of four weeks from the date of receipt of a copy of this order.

6. There shall be no order as to costs.

11.11.2022 cs To

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

2. The Chief Educational Officer, Dharmapuri District, Dharmapuri.

3. The District Educational Officer, Harur Education District, Dharmapuri District. 4 / 6

4. The Block Educational Officer, Karimangalam Block, Dharmapuri District.

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ABDUL QUDDHOSE, J cs 11.11.2022 6 / 6