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Madras High CourtWP(MD)/1812/2022disposed of

Suganthi Darling.G v. The Government Of Tamilnadu

2022-02-01Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI G.Suganthi Darling, W/o.T.Moses, Headmaster, Government High School, Valinokkam, Ramanathapuram District.

... Petitioner -Vs1. The Government of Tamil Nadu, Represented by its Principal Secretary, School Education Department, Fort St.George, Chennai - 600 009.

2. The Director, Directorate of School Education, Nungambakkam, Chennai - 600 006.

3. The Joint Director, Directorate of School Education, Nungambakkam, Chennai - 600 006.

4. The District Educational Officer, Ramanathapuram Educational District, Ramanathapuram.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent to consider the transfer of the petitioner from Government High School, Valinokkam, Ramanathapuram to any Government High School under the control of the District Educational Officer, Tirunelveli on medical ground, as well as spouse working place based on the petitioner's representation dated 03.02.2021. For Petitioner : Mr.Ananth C.Rajesh For Respondents : Mr.S.Saji Bino Special Government Pleader 1/3

O R D E R

This Writ Petition has been filed to direct the third respondent to consider the application of the petitioner dated 03.02.2021.

2. Mr.Ananth C.Rajesh, learned counsel appearing for the petitioner submits that the petitioner was working as a Teacher and after a period of 17 years, she was promoted as Headmistress in the Government High School, Valinokkam, Ramanathapuram. The said promotion was given, when she was working at Government High School, Narasinganallur, Tirunelveli District. The petitioner's husband is working as Headmaster at Tirunelveli. On the ground of spouse working at Tirunelveli, the petitioner had made a request for transfer, but the same was not considered. The petitioner has already approached this Court by way of a Writ Petition in W.P. (MD) No. 3320 of 2021 and this Court has passed the following order: "Accordingly, there shall be a direction to the third respondent to consider the petitioner's representation dated 03.02.2021 on its own merits and pass appropriate orders in accordance with law, within a period of one week from the date of receipt of a copy of this order."

3. Despite the order of this Court to consider the petitioner's representation, the respondents have not considered the representation submitted by the petitioner. Hence, she approached this Court by way of the present writ petition for necessary relief.

4. Mr.S.Saji Bino, learned Special Government Pleader takes notice for the respondents and submits that based on the seniority list and spouse category, the petitioner's request would be considered during transfer counselling. He further submits that there are totally eight vacancies in Tirunelveli District and if the petitioner is eligible as per the seniority, she can be accommodated on Tirunelveli District.

5. Recording the said submissions made by the learned Special Government Pleader, this Writ Petition is disposed of. However, there shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) vji 2/3

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To

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

2. The Director, Directorate of School Education, Nungambakkam, Chennai - 600 006.

3. The Joint Director, Directorate of School Education, Nungambakkam, Chennai - 600 006.

4. The District Educational Officer, Ramanathapuram Educational District, Ramanathapuram.

+1 CC to M/s.ANANTH C RAJESH, Advocate (SR-3497[F] dated 01/02/2022 ) +1 CC to M/s.SPL.GP ( SR-3725[F] dated 02/02/2022 ) 01.02.2022 RK(21/03/2022) 3P 7C 3/3