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Madras High CourtWP/30103/2019disposed of

N.K.Saranya v. The State Of Tamil Nadu

2019-10-22Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.30103, 30109, 30112, 30117, 30120, 30123 & 30129 of 2019 and W.M.P. Nos. 30048, 30052, 30061, 30063, 30065, 30066, 30076, 30077, 30083, 30084, 30088, 30090, 30092 & 30093 of 2019 W.P.No.30103 of 2019 1 N.K.SARANYA ... PETITIONER in WP No.30103 of 2019 2 G.DHAMODHRAN ... PETITIONER in WP No.30109 of 2019 3 R.MADHESAN ... PETITIONER in WP No.30112 of 2019 4 I.ANTONY AROCKIARAJ ... PETITIONER in WP No.30117 of 2019 5 M.SUBRAMANI ... PETITIONER in WP No.30120 of 2019 6 T.SAKTHIVEL ... PETITIONER in WP No.30123 of 2019 K.SENTHIL KUMAR... PETITIONER in WP No.30129 of 2019 Vs.

1 THE STATE OF TAMIL NADU REP BY ITS PRL SECRETARY SCHOOL EDUCATION DEPARTMENT FORT.ST.GEORGE CHENNAI-9 2 THE DIRECTOR OF SCHOOL EDUCA TION DPI CAMPUS COLLEGE ROAD CHENNAI-6 ..RR1 & 2 IN ALL WPS 3 THE CHIEF EDUCATIONAL OFFICER CHIEF EDUCATIONAL OFFICE TIRUVANNAMALAI DISTRICT.

..3rd RESPONDENT in WP No.30103 of 2019, 30120/2019

THE CHIEF EDUCATIONAL OFFICER CHIEF EDUCATIONAL OFFICE KRISHNAGIRI DISTRICT.

..3rd RESPONDENT in WP No.30109 of 2019, 30117/2019, 30123/19 5 THE CHIEF EDUCATIONAL OFFICER CHIEF EDUCATIONAL OFFICER CHIEF EDUCATIONAL OFFICE DHARMAPURI DISTRICT.

...3rd RESPONDENT in WP No.30112 of 2019, 30129/19 Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the entire records connected with the impugned order G.O.(1D) No.218 School Education (Pa.Ka.(5(1) Department dated 20.06.2019 issued by 1st Respondent as far as clause 9(i) which contains a condition of 3 years' service in the same school to participate in the counselling for transfer of Teachers/Head Masters is concerned and quash the same consequently directing the respondents to permit the petitioner to participate in the counselling for transfer to be held in the academic year 20192020. For Petitioners : Mr.P.Ganesan (in All W.Ps) For Respondents : Mr.C.Munusamy Special Government Pleader (For Education) (in all W.Ps) COMMON ORDER These petitioners, has filed the present writ petitions challenging the G.O.(ID)No.

218 School Education Department on the ground that there was arbitrariness regarding conducting general counseling for transferring the Teachers from one School to another School including the Teachers working in the Corporation and Municipality Middle School, Higher Secondary School. Challenging the Scheme framed in the above said G.O. these present writ petitions have been filed.

2. The learned counsel for the petitioners would submit that challenging the very same G.O., writ petitions were filed before the Madurai Bench of this Court in W.P.Nos.14188 of 2019 and etc batch and the Madurai Bench of this Court has passed a detailed order in the said batch on 27.08.2019 and issued certain directions to the Government. He would further submit that similar order may be passed in this writ petition also.

3. The learned Special Government Pleader would submit that the respondents-Government accepted the recommendation made in the decision in respect of paragraph -17 of the above said order and undertakes to follow the directions issued by the Madurai Bench of this court also perused the above decision.

4. The very same prayer has been dealt with in the batch of writ petitions in W.P.Nos.15188 of 2019 and etc batch dated 27.08.2019 by the Madurai Bench of this Court. This Court also perused the above decision and heard the submissions made on either side. It is useful to extract hereunder the relevant paragraph No.17 of the above order:- " 17. Therefore, in the interest of justice, this Court is inclined to modify the condition 9(i) of the G.O(1D).No.218 School Education [Pa.Ka.5(1)] Department dated 20.06.2019 and Clause (10), omitting the relaxation available to the physically disabled candidates, with the following directions:

i) The petitioners, who are all coming under the categories of deployment or by promotions for the academic year 20182019, not completing one year of service in the present working place, are entitled to attend the General Transfer Counselling to be held for this academic year 2019-20, provided they have not attended the General Transfer Counselling prior to 1.6.2019 as per the impugned order passed by the respondent.

ii) The petitioners, who are all coming under the categories of deployment or by promotions for the academic year 2017-2018, not completing one year of service in the present working place as on 1.6.2018, are entitled to attend the General Transfer Counselling to be held for this academic year 2019-20, provided they have not attended the General Transfer Counselling prior to 1.6.2019 as per the impugned order passed by the respondent.

iii Clause 10 of the impugned order relates to priority category, the Secretary to Government is directed to

pass appropriate orders, in view of letter No.21787/SE5(1) 2019-1, dated 26.8.2019, School Education Department, Secretariat, Chennai -9, within a period of two weeks from the date of receipt of a copy of this order.

iv) If any of the writ petitioners have not submitted their applications so far to seek their remedy, they are at liberty to submit their applications before the appropriate authority within a period of one week from the date of receipt of a copy of this order. This order is applicable only to the writ petitioners herein.

v) In the light of the aforesaid order, after receiving such applications from the writ petitioners, the authority concerned shall permit the writ petitioners to the forthcoming General Transfer Counselling for the academic year 2019-20, if they are otherwise eligible."

5. In view of the above, this Court directs the respondents to extend the same benefit to the petitioners herein. Accordingly, the writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar ebsi To

1. The Principal Secretary, School Education Department Fort St. George, Chennai - 600 009.

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

3. The Chief Educational Officer, Chief Educational Office, Thiruvannamalai District.

4. The Chief Educational Officer, Chief Educational Office, Krishnagiri District.

5. The Chief Educational Officer, Chief Educational Office, Dharmapuri District.

+7cc to Mr.P.Ganesan, Advocate SR.No.88125 to 88131 +1cc to Government Pleader, High Court, Madras SR.No.88759 W.P.Nos.30103, 30109, 30112, 30117, 30120, 30123 & 30129 of 2019 and W.M.P. Nos. 30048, 30052, 30061, 30063, 30065, 30066, 30076, 30077, 30083, 30084, 30088, 30090, 30092 & 30093 of 2019 CA(CO) GMY(11/11/2019)