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Madras High CourtWP(MD)/2150/2022closed

Ramamoorthy A.V v. State Of Tamilnadu

2024-08-22Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.2150 of 2022 and W.M.P(MD)No.1878 of 2022 A.V.Ramamoorthy ... Petitioner Vs.

1.State of Tamil Nadu, Rep. by its Principal Secretary, School Education [Pa.Ka.5(1)] Department, Fort St. George, Chennai - 9.

2.The Commissioner of School Education, DPI Campus, Chennai - 6.

3.The Director of Elementary Education, O/o.the Director of Elementary Education, DPI Campus, Chennai - 6.

4.The Joint Director of Elementary Education, O/o.the Joint Director of Elementary Education, DPI Campus, Chennai - 6.

5.The Chief Educational Officer, O/o.the Chief Educational Officer, Virudhunagar, 1/6

6.The District Educational Officer, O/o.the District Educational Officer, Aruppukottai, 7.The Block Educational Officer, O/o.the Block Educational Officer, Tiruchuli Block,

...Respondents

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the Respondent No.6 to include the B.T. Assistant Post in Panchayat Union Middle School, Iluppaikulam, Tiruchuli Block, Virudhunagar District in the list of vacancies available for promotion and grant promotion to the Petitioner to the post of B.T.Assistant in Science at Panchayat Union Middle School, Iluppaikulam, Tiruchuli Block, Virudhunagar District in the Promotion Counselling which is proposed to be conducted on 05.02.2022 in accordance with the Clause(1) General Conditions of the General Transfer Counselling Policy for teachers working in Panchayat Union Schools vide Government Order in G.O.Ms.No.176, School Education(SE5(1) Department, dated 17.12.2021 and the guidelines for transfer/promotion counselling issued by the respondent No.3, vide proceedings in Na.Ka.No. 756/T1/2021, dated 06.01.2022 within the time period stipulated by this Court. For Petitioner : Mr.S.Rajasekar For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader * * * * * 2/6

ORDER

The instant writ petition has been filed by a Secondary Grade Teacher seeking a mandamus directing the respondent No.6 to include the B.T. Assistant Post in Panchayat Union Middle School, Iluppaikulam, Tiruchuli Block, Virudhunagar District in the list of vacancies available for promotion and grant promotion to the Petitioner to the post of B.T.Assistant in Science at Panchayat Union Middle School, Iluppaikulam, Tiruchuli Block, Virudhunagar District in the Promotion Counselling which is proposed to be conducted on 05.02.2022 in accordance with the Clause(1) General Conditions of the General Transfer Counselling Policy for teachers working in Panchayat Union Schools vide Government Order in G.O.Ms.No.176, School Education(SE5(1) Department, dated 17.12.2021 and the guidelines for transfer/promotion counselling issued by the respondent No.3, vide proceedings in Na.Ka.No.756/T1/2021, dated 06.01.2022.

2.Paragraph No.7 of the counter is extracted as follows: "It is submitted that in the tiruchuli Union, there is only 1 vacancies in the B.T.Assistant Science post at Panchayat Union Middle School, Errampatti, Tiruchuli Block shown in the counselling conducted on 05.02.2022. In that post, one secondary grade teacher Mrs.A.Kavitha Secondary Grade teacher from Panchayat Union Primary School at poolangal Serial number at l in the seniority panel of B.T.Assistant 3/6

(science) as on 01.01.2021 was selected the place and promoted as B.T.Assistant (science) at Panchayat Union Middle School, Errampatti, Tiruchuli Block. The one promotion counselling conducted as per scheduled on 05.02.2022. As on today, the prayer of the writ petition as infructuous."

3.In view of the subsequent events, nothing survives to be adjudicated in the present writ petition. In case, any vacancy arises in future in the Thiruchuli Block, the name of the petitioner may be considered on the basis of the seniority.

4.With the above said observations, this writ petition stands closed. No costs. Consequently, connected miscellaneous petition is also closed. 22.08.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 4/6

To 1.The Principal Secretary, School Education [Pa.Ka.5(1)] Department, Fort St. George, Chennai - 9.

2.The Commissioner of School Education, DPI Campus, Chennai - 6.

3.The Director of Elementary Education, O/o.the Director of Elementary Education, DPI Campus, Chennai - 6.

4.The Joint Director of Elementary Education, O/o.the Joint Director of Elementary Education, DPI Campus, Chennai - 6.

5.The Chief Educational Officer, O/o.the Chief Educational Officer, Virudhunagar, 6.The District Educational Officer, O/o.the District Educational Officer, Aruppukottai, 7.The Block Educational Officer, O/o.the Block Educational Officer, Tiruchuli Block, 5/6

R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.2150 of 2022 and W.M.P(MD)No.1878 of 2022 22.08.2024 6/6