M.Arokiyasamy v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.Nos.32482 & 32485 of 2019 & WMP.Nos.32804, 32805, 32811 & 32813 of 2019 M.Arokiyasamy ... Petitioner in WP/32482/2019 S.Kuzhandhai Samy ... Petitioner in WP/32485/2019 vs 1.The State of Tamil Nadu Rep. by Principal Secretary to the Government, School Education Department Secretariat, Fort St.George, Chennai 600 009.
2.The Director of Elementary Education, DPI Campus, College Road, Chennai-600 006.
3.The District Educational Officer, Thirukovilur Educational District, Villupuram District 4.The Block Educational Officer, Rishivanthiyam Block, ... Respondents in both Wps Prayer in both WPs: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order issued by the 1st respondent in G.O.(ID)No.218, School Education (Pa.Ka.5(1)) Department dated 20.06.2019, quash the same in so far as the condition of 3 years service in a School in para 9 (1) of the order is concerned and consequently directing the respondents to allow the petitioner to participate in the ensuing transfer counselling for the category of Secondary Grade Teacher, with all consequential and other attended benefits.
For Petitioner : Mr.G.Sankaran (in both WPs) For Respondents : Mr.C.Munusamy (in both WPs) Special Government Pleader C O M M O N O R D E R The Writ petitions are filed for issuance of a Writ of Certiorarified Mandamus calling for the records of the 1st respondent issued in G.O.(ID)No.218, School Education (Pa.Ka.5 (1)) Department dated 20.06.2019, quash the same insofar the petitioners are concerned and issue a consequential direction to the respondents to allow the petitioners to participate in the counselling to be conducted for General Transfer for the academic year 2019-2020.
2. The petitioners, a Secondary Grade Teachers, have filed the present writ petitions challenging the G.O.(ID)No.218 School Education (Pa.Ka.5(1)) Department, dated 20.06.2019, on the ground that there was arbitrariness regarding conducting general counselling 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., the present writ petitions have been filed.
3. 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.
4. 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.
5. This Court also perused the above decision and heard the submissions made on either side. The very same prayer has been dealt with in the batch of writ petitions in W.P.Nos.14188 of 2019 and etc batch dated 27.08.2019 by the Madurai Bench of this Court. 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 2018-2019, 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/Pa.Ka.5(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."
6. In view of the above, this Court directs 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 III) //True Copy// Sub Assistant Registrar To 1.The Principal Secretary to the Government, School Education Department Secretariat, Fort St.George, Chennai 600 009.
2.The Director of Elementary Education, DPI Campus, College Road, Chennai-600 006.
3.The District Educational Officer, Thirukovilur Educational District,
4.The Block Educational Officer, Rishivanthiyam Block, +1cc to Mr.G.Sankaran, Advocate Sr.96494 +1cc to the Government Pleader Sr.97053 W.P.Nos.32482 & 32485 of 2019 and WMP.Nos.32804, 32805, 32811 & 32813 of 2019 vba[co] srg 31/12/2019