Sakthivel.A v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.1031 of 2023 and W.M.P(MD) Nos.967 and 969 of 2023 A.Sakthivel ... Petitioner Vs.

1.The Director of School Education, Chennai-6.

2.The Joint Director (Higher Secondary Education), Office of Commissioner School Education Department, Chennai-6.

3.The Chief Education Officer, Thanjore District, Thanjore.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the second respondent in his proceedings Na.Ka.No. 001163/W1/S1/2023, dated 06.01.2023 and the consequential impugned

order of transfer passed by the third respondent in his proceedings Na.Ka.No.001/P.C/2023, dated 09.01.2023 and quash the same and further direct the second respondent to post the petitioner as Head Master in Government Boys Higher Secondary School, Pattukottai. For Petitioner :

Mr.PT.S.Narendravasan For Respondents :

Mr.S. Saji Bino Special Government Pleader

O R D E R

This Writ Petition has been filed to call for the records relating to the proceedings issued by the second respondent in Na.Ka.No. 001163/W1/S1/2023, dated 06.01.2023 and the consequential impugned order of transfer passed by the third respondent in proceedings Na.Ka.No. 001/P.C/2023, dated 09.01.2023, quash the same and direct the second respondent to post the petitioner as Head Master in Government Boys Higher Secondary School, Pattukottai.

2. The learned counsel for the petitioner would submit that the petitioner is suffering from 70% disability and has been working as headmaster in the Government Boys Higher Secondary School, Pattukottai. Due to administrative reasons, he has been transferred to Tiruvanamali District. The petitioner has rendered service for the past seven years in the Government Boys Higher Secondary School, Pattukottai. Hence, this Court may permit the petitioner to join the duty in the transferred place within a period of one week from the date of receipt of a copy of this order and thereafter, grant liberty to the petitioner to make a representation to the respondent for re-transfer in any one of the school in Pattukottai considering his 70 % disability.

3. In view of the fair submission made by the learned counsel for the petitioner, this Court, without interfering with the impugned orders, is inclined to grant liberty to the petitioner to join duty in the transferred place within a period of one week from the date of receipt of a copy of this order and make a fresh representation for re-transfer thereafter, considering his disability.

4. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 20.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No cp Note: Issue order copy on 23.01.2023 To 1.The Director of School Education, Chennai-6.

2.The Joint Director (Higher Secondary Education), Office of Commissioner School Education Department, Chennai-6.

3.The Chief Educational Officer, Thanjore District, Thanjore.

M.DHANDAPANI, J.

cp W.P.(MD)No.1031 of 2023 and W.M.P(MD) Nos.967 and 969 of 2023 20.01.2023