Madras High CourtWP(MD)/3354/2021ordered

Jacob.U v. State Of Tamil Nadu, Rep.By Its Principal Secretary,

2021-03-10Honourable Mr Justice M.S. Ramesh24 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on 02.03.2021 Delivered on 10.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)Nos.3354, 4221, 4224, 3376, 3380, 3360, 3362, 3366, 3367, 3370, 3373, 3866, 3869, 3877, 3936, 3939, 3940, 3941, 3944, 3954, 4091, 4102, 4103, 4100, 4095, 4097, 4104, 3942, 3953, 3945, 3951, 3947, 3950, 3956, 3948, 3963, 3961, 4079, 4083, 4159, 4223, 4231, 4246, 4108 4331, 4222, 4225, 4227, 4232 & 4234 of 2021 and W.M.P.(MD).Nos.3401, 3402, 3395, 3396, 2712, 2713, 2729, 2731, 2732, 2735, 2737, 2738, 2740, 2744, 2745, 3084, 2716, 2718, 2721, 2723, 2724, 2725, 3248, 3104, 3103, 3107, 3108, 3140, 3146, 3147, 3150, 3145, 3180, 3179, 3289, 3285, 3300, 3294, 3292, 3295, 3298, 3302, 3306, 3288, 3304, 3283, 3287, 3290, 3305, 3307, 3158, 3171, 3170, 3167, 3148, 3173, 3175, 3155, 3159, 3149, 3153, 3168, 3160, 3161, 3188, 3189, 3162, 3165, 3192, 3193, 3186, 3191, 3274, 3277, 3400, 3349, 3350, 3398, 3417, 3419, 3416, 3418, 3442, 3443, 2727, 3397, 3399, 3403, 3404, 3407, 3408, 3409, 3117, 3519, 3520, 3521, 3310, 3420, 3422, 3423, 3426, 3427 and 3429 of 2021 Jacob.U

...Petitioner in WP(MD).No.3354 of 2021

Chandiya.V

...Petitioner in WP(MD).No.4221 of 2021

Arunkumar.B

...Petitioner in WP(MD).No.4224 of 2021

Jeyakumari.T.T

...Petitioner in WP(MD).No.3376 of 2021

Janci.E

...Petitioner in WP(MD).No.3380 of 2021

Kalaichelvi.S

...Petitioner in WP(MD).No.3360 of 2021

Pappa.R

...Petitioner in WP(MD).No.3362 of 2021

Felix Esabella.M

...Petitioner in WP(MD).No.3366 of 2021

Rajesh.P

...Petitioner in WP(MD).No.3367 of 2021

Angel Snehalatha.S

...Petitioner in WP(MD).No.3370 of 2021

Renisha.D

...Petitioner in WP(MD).No.3373 of 2021

Angaiyarkanni.S

...Petitioner in WP(MD).No.3866 of 2021

Jayakumar. A

...Petitioner in WP(MD).No.3869 of 2021

Soosai Antony Livingston.T ..Petitioner in WP(MD).No.3877 of 2021 Pitchaikani.K

...Petitioner in WP(MD).No.3936 of 2021

Alvin Felix.P

...Petitioner in WP(MD).No.3939 of 2021

Rajasudhas.T

...Petitioner in WP(MD).No.3940 of 2021

Pulikuttipandian.S

...Petitioner in WP(MD).No.3941 of 2021

Vijayabalan.R

...Petitioner in WP(MD).No.3944 of 2021

Tamil Selvan.R

...Petitioner in WP(MD).No.3954 of 2021

Chitradevi.S

...Petitioner in WP(MD).No.4091 of 2021

Sahaya Jesu Lalitha.C

...Petitioner in WP(MD).No.4102 of 2021

Rajakumar.A

...Petitioner in WP(MD).No.4103 of 2021

P.Meena

...Petitioner in WP(MD).No.4100 of 2021

N.Manimegalai

...Petitioner in WP(MD).No.4095 of 2021

1/24

Valarmathi.M

...Petitioner in WP(MD).No.4097 of 2021

Meenashi.G

...Petitioner in WP(MD).No.4104 of 2021

Uma Maheswari.N

...Petitioner in WP(MD).No.3942 of 2021

Ramamani.A

...Petitioner in WP(MD).No.3953 of 2021

Chellagurusamy.V

...Petitioner in WP(MD).No.3945 of 2021

Darling Merriet.G.

...Petitioner in WP(MD).No.3951 of 2021

Elango.A

...Petitioner in WP(MD).No.3947 of 2021

Rose Mary.M.C.

...Petitioner in WP(MD).No.3950 of 2021

Ramina @ Guruvammal.S

...Petitioner in WP(MD).No.3956 of 2021

Daniel Premraj.E.J.

...Petitioner in WP(MD).No.3948 of 2021

Pavunroja.S

...Petitioner in WP(MD).No.3963 of 2021

Mallika.K

...Petitioner in WP(MD).No.3961 of 2021

Shanmuganathan.N

...Petitioner in WP(MD).No.4079 of 2021

D.Charly Stephen Doss

...Petitioner in WP(MD).No.4083 of 2021

Manimegalai.S

...Petitioner in WP(MD).No.4159 of 2021

Puthiavan.A

...Petitioner in WP(MD).No.4223 of 2021

Kamali.G

...Petitioner in WP(MD).No.4231 of 2021

Sivakumar.N

...Petitioner in WP(MD).No.4246 of 2021

Karpagavalli.A

...Petitioner in WP(MD).No.4108 of 2021

Iyappan.S

...Petitioner in WP(MD).No.4331 of 2021

Sahayam.J

...Petitioner in WP(MD).No.4222 of 2021

Suresh.U

...Petitioner in WP(MD).No.4225 of 2021

Durga.V

...Petitioner in WP(MD).No.4227 of 2021

Subbalakshmi.P

...Petitioner in WP(MD).No.4232 of 2021

Shanthy.N

...Petitioner in WP(MD).No.4234 of 2021

- Vs. -

1. State of Tamil Nadu, Rep.By its Principal Secretary, Department of School Education, Fort St.George, Chennai-9.

2. The Director of School Education, O/o.The Director of School Education, DPI Campus, Chennai-6.

3. The Joint Director of School Education (Personnel), O/o.The Joint Director of School Education, DPI Campus, Chennai-6.

...Respondents No.1 to 3 in WP(MD).Nos.3354, 3376,

3380, 3360, 3362, 3366, 3367, 3370, 3373, 3866, 3869, 3936, 3939, 3940, 3941, 3944, 3942, 3953, 3945, 3951, 3947, 3950, 3956, 3948 and 3963 of

1. The Director of Elementary Educational Officer, O/o.The Directorate of Elementary Education, Chennai-600 009.

2. The Chief Educational Officer, O/o.The Chief Educational Officer , Dindigul, Dindigul District

...Respondents in WP(MD).Nos.4221, 4224 of 2021

2/24

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

...4th Respondent in WP(MD).No.3866 and 3869 of 2021

1. The State of Tamil Nadu Rep. by its Secretary to Government, School Education Department, Secretariat, Chennai.

2. The Director of Elementary Education, Chennai.

...Respondents No.1 and 2 in WP(MD).No.3877 and 3954 of 2021

3. The Chief Educational Officer, Thoothukudi, Thoothukudi District

4. The District Educational Officer, Tiruchendur, Thoothukudi District

5. The Block Educational Officer, Alwarthirunagari Union at Thenthiruperai, Thoothukudi District

...Respondents in WP(MD).No.3877 of 2021

3. The Joint Director of Elementary Education, (Administration), College Road, Chennai - 600006. ...3rd Respondent in WP(MD).No.3954 of 2021

1. State of Tamil Nadu Rep .By its Principal Secretary, Department of School Education, Fort St. George, Chennai-9.

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

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

...Respondents No.1 to 3 in WP(MD).Nos.4091, 4102,

4103, 4100, 4095, 4097, 4104, 4079 and 4083 of 2021

4. The Chief Educational Officer, Virudhunagar District

5. The District Educational Officer, Srivilliputhur, Virudhunagar District

6. The Block Educational Officer,Rajapalayam Union, Virudhunagar District

...Respondents No.4 to 6 in WP(MD).No.4091 of 2021

1. The State of Tamil Nadu Rep. by its Secretary to Government, School Education Department, Secretariat, St. George Fort, Chennai.

2. The Commissioner, O/o. the Commissioner of School Education, School Education Department, Chennai-6.

3. The Director of Elementary Education, DPI Compound, College Road, Chennai.

3/24

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

...Respondents in WP(MD).Nos.3961, 4231, 4232

and 4234 of 2021

1. The Director of Elementary Educational Officer, O/o. the Directorate of Elementary Education, Chennai - 600 006.

2. The Chief Educational Officer, O/o. the Chief Educational Officer, Dindigul, Dindigul District.

3. The District Educational Officer, O/o. the District Educational Officer, Vdasandur, Dindigul District.

4. The Block Educational Officer, Vadamadrai Block, Vadamadurai, Dindigul District.

...Respondents in WP(MD).No.4159 of 2021

1. The Director of Elementary Educational Officer, O/o. the Directorate of Elementary Education, Chennai-600 006

2. The Chief Educational Officer, Theni, Theni District

3. The District Educational Officer, Theni, Theni District

4. The Block Educational Officer, K.Mayiladumparai Block, K.Mayiladumparai, Theni District

...Respondents in WP(MD).No.4223 of 2021

1. The State of Tamil Nadu Rep. by its Secretary, School Education Dept., Secretariat, Chennai-600 009

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

3. The Chief Educational Officer, Karur District , Karur

4. The District Educational Officer, Kulithalai Educational District, Karur District

5. P.Palanisamy, The Block Educational Officer, Kadavur Block, Karur District

6. S.Senthilkumari, The Block Educational Officer, Kadavur Block, Karur District

...Respondents in WP(MD).No.4246 of 2021

1. The State of Tamil Nadu Rep. by its Secretary to Govt., School Education Dept., Secretariat, Chennai

2. The Director of Elementary Education, Chennai

3. The Chief Educational Officer, Thoothukudi, Thoothukudi District

4. The District Educational Officer, Kovilpatti, Thoothukudi District 4/24

5. The Block Educational Officer, Kayathar, Thoothukudi District

...Respondents in WP(MD).No.4108 of 2021

1. State of Tamil Nadu Rep by its Chief Secretary , Finance ( Budge General - I ) Department , For St George, Chennai - 9

2. State of Tamil Nadu , Rep by its Principal Secretary, Department of School Education, Fort.St.George, Chennai - 9.

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

4. The Joint Director of School Education (Personnel), O/o.The Joint Director of School Education, DPI Campus, Chennai - 6.

...Respondents in WP(MD).No.4331 of 2021

1. The State of Tamil Nadu Rep by its Secretary to Government , School Education Department, Fort St.George, Chennai.

2. The Director of Elementary Education, DPI Complex, College Road, Chennai.

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

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

5. The Block Educational Officer - II, Kadaladi Block, Kadalai, Ramanthapuram District.

...Respondents in WP(MD).No.4222 of 2021

1. The State of Tamil Nadu Rep. by the Secretary to Govt., School Education Dept., Fort St. George, Chennai

2. The Director of Elementary Education, DPI Complex, College Road, Chennai

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

4. The District Educational Officer, Devakottai, Sivagangai District

5. The Block Educational Officer, Kalaiyarkovil Block, Kalaiyarkovil, Sivagangai District

...Respondents in WP(MD).No.4225 of 2021

1. State of Tamil Nadu Rep by its Principal Secretary, Department of School Education, Fort.St.George , Chennai - 9.

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

5/24

3. The District Educational Officer, Kumbakonam, Thanjavur District.

4. The Block Educational Officer, Thirupananthal, Thanjavur District

...Respondents in WP(MD).No.4227 of 2021

Prayer in WP(MD).No.3354 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus for a direction, forbearing the Respondents from filing up the existing vacancies in the post of High School Headmasters throughout the State by way of conducting general promotion counselling without conducting general transfer counselling in violation of the Transfer Guidelines issued in the previous years in Government Order in G.O.(ID)No.256 dated 19.04.2017, G.O.(ID).N.403 dated 02.06.2018, G.O.Ms.No.218 dated 20.06.2019. Prayer in WP(MD).No.4221 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.756/D1/2021 Dt 18.02.2021 on the file of the respondent no.1 and quash the same as illegal and consequently direct the respondent no.1 and 2 to transfer and post the petitioner as the Block Educational Officer at Gobichettipalayam Block in Erode Dt by conducting transfer counseling within the time stipulated by this Honble court.

Prayer in WP(MD).No.4224 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.756/D1/2021 Dt 18.02.2021 on the file of the respondent no.1 and quash the same as illegal and consequently direct the respondent no.1 to transfer and post the petitioner in the available vacancies in Kallupatti Block by conducting transfer counseling within the time stipulated by this Honble court. Prayer in WP(MD).No.3376 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus for a direction, forbearing the Respondents from filling up the existing vacancies in the post of High School Headmasters throughout the State by way of conducting general promotion counselling without conducting general transfer counselling in violation of the Transfer Guidelines issued in the previous years in Government Order in G.O.(ID)No.256 dt 19.04.2017, G.O.(ID).No.403 dt 02.06.2018, G.O.Ms.No.218 dt 20.06.2019.

6/24

Prayer in WP(MD).No.3380 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus for a direction, forbearing the Respondents from filling up the existing vacancies in the post of High School Headmasters throughout the State by way of conducting general promotion counselling without conducting general transfer counselling in violation of the Transfer Guidelines issued in the previous years in Government Order in G.O.(1D)No.256 dated 19.04.2017, G.O.(1D).N.403 dated 02.06.2018, G.O.Ms.No.218 dated 20.06.2019. Prayer in WP(MD).No.3360 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus for a direction, forbearing the Respondents from filling up the existing vacancies in the post of High School Headmasters throughout the State by way of conducting general promotion counselling without conducting general transfer counselling in violation of the Transfer Guidelines issued in the privious years in Government Order in G.O.(ID)No.256 dt 19.04.2017, G.O.(ID).No.403 dt 02.06.2018, G.O.Ms.No.218 dt 20.06.2019.

Prayer in WP(MD).No.3367 of 2021 :

counselling without conducting general transfer counselling in violation of the Transfer Guidelines issued in the previous years in Government Order in G.O.(1D)No.256 dated 19.04.2017, G.O.(1D).N.403 dated 02.06.2018, G.O.Ms.No.218 dated 20.06.2019. Prayer in WP(MD).No.3370 of 2021 :

Prayer in WP(MD).No.3373 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus for a direction, forbearing the Respondents from filling up the existing vacancies in the post of High School Headmasters throughout the State by way of conducting general promotion counselling without conducting general transfer counselling in violation of the Transfer Guidelines issued in the privious years in Government Order in G.O.(1D)No.256 daed 19.04.2017, G.O.(1D).N.403 dated 02.06.2018, G.O.Ms.No.218 dated 20.06.2019. Prayer in WP(MD).No.3866 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents from filling up the existing vacancies in the post of High School Headmasters without conducting general transfer counseling and further direct the respondents to consider the petitioners representation dt 19.02.2021 for posting the petitioner as High School Headmaster in the existing vacancy at Govt. High School, Chokanathapuram, Devakottai, Sivagangai District. Prayer in WP(MD).No.3869 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents from filling up the existing vacancies in the post of High School Headmasters without conducting general transfer counseling and further direct the respondents to consider the petitioners representation dt 19.02.2021 for posting the petitioner as High School Headmaster in the existing vacancy at Govt. High School, Siruvatchi, Devakottai, Sivagangai District. Prayer in WP(MD).No.3877 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forberaing the repsondents from filling up the existing 8/24

vacancies in the post of elementary school headmaster by way of promotion counselling without conducting transfer counselling in violation of government order issued in G.O.(1D) No.256 School Education department dt 19.04.2017 , G.O.(1D) No.403 School Education Department 29.05.2018 and G.O. (1D) No.218 School Education Department dt 20.06.2019.

Prayer in WP(MD).No.3936 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus for a direction, forbearing the Respondents from filling up the existing vacancies in the post of B.T.Assistants in Government High Schools, Government Higher Secondary Schools throughout the State by way of conducting general promotion counselling without conducting general transfer counselling.

Prayer in WP(MD).No.3939 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus for a direction, forbearing the Respondents from filling up the existing vacancies in the post of B.T.Assistants in Government High Schools, Government Higher Secondary Schools throughout the State by way of conducting general promotion counselling without conducting general transfer counselling.

Prayer in WP(MD).No.3940 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus for a direction, forbearing the Respondents from filling up the existing vacancies in the post of B.T.Assistants in Government High Schools , Government Higher Secondary Schools throughout the State by way of conducting general promotion counselling without conducting general transfer counselling.

Prayer in WP(MD).No.3941 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus for a direction, forbearing the Respondents from filling up the existing vacancies in the post of B.T.Assistants in Government High Schools , Government Higher Secondary Schools throughout the State by way of conducting general promotion counselling without conducting general transfer counselling.

Prayer in WP(MD).No.3944 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus for a direction, forbearing the Respondents from filling up the existing vacancies in the post of B.T.Assistants in Government High Schools, Government Higher Secondary Schools throughout the State by way of conducting general promotion counselling without conducting general transfer counselling.

9/24

Prayer in WP(MD).No.3954 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 2nd respondent Director of Elementary Education in Na.Ka.No.756/D1/2021 dated 18/02/2021 , in so far as it proposes to conduct promotion counseling to the post of Block Educational Officer post without conducting transfer counseling to the existing Block Educational officers, Quash the same and further Direct the 2nd respondent to conduct transfer counseling to the existing BEOs to the vacant posts before conducting the promotion counseling to the post of BEO from the post of Middle School Headmasters.

Prayer in WP(MD).No.4091 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No.756/T1/2021 dt 19.02.2021 on the file of the respondent no.2 and quash the same as illegal in so far as conducting promotion counselling without conducting general transfer counselling and consequently for a direction, forbearing the respondents from filling up the existing vacancies in the post of B.T.Assistant in Panchayat Union Middle Schools in Rajapalayam union by way of conducting general promotion counselling without conducting general transfer counselling.

Prayer in WP(MD).No.4102 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No.756/T1/2021 dt 19.02.2021 on the file of the respondent no.2 and quash the same as illegal in so far as conducting promotion counselling without conducting general transfer counselling and consequently for a direction, forbearing the respondents from filling up the existing vacancies in the post of Primary School Head Masters in Panchayat Union Middle Schools through out the state by way of conducting general promotion counselling without conducting general transfer counselling. Prayer in WP(MD).No.4103 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No.756/T1/2021 dt 19.02.2021 on the file of the respondent no.2 and quash the same as illegal in so far as conducting promotion counselling without conducting general transfer counselling and consequently for a direction, forbearing the respondents from filling up the existing vacancies in the post of Primary School Head Masters in Panchayat Union Middle Schools 10/24

through out the state by way of conducting general promotion counselling without conducting general transfer counselling. Prayer in WP(MD).No.4100 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No.756/T1/2021 dt 19.02.2021 on the file of the respondent no.2 and quash the same as illegal in so far as conducting promotion counselling without conducting general transfer counselling and consequently for a direction, forbearing the respondents from filling up the existing vacancies in the post of Middle School Headmasters in Panchayat Union Middle Schools throughout the state by way of conducting general promotion counselling without conducting general transfer counselling. Prayer in WP(MD).No.4095 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No.756/T1/2021 dt 19.02.2021 on the file of the respondent no.2 and quash the same as illegal in so far as conducting promotion counselling without conducting general transfer counselling and consequently for a direction, forbearing the respondents from filling up the existing vacancies in the post of Primary School Headmasters in Panchayat Union Primary Schools throughout the state by way of conducting general promotion counselling without conducting general transfer counselling. Prayer in WP(MD).No.4097 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No.756/T1/2021 dt 19.02.2021 on the file of the respondent no.2 and quash the same as illegal in so far as conducting promotion counselling without conducting general transfer counselling and consequently for a direction, forbearing the respondents from filling up the existing vacancies in the post of Primary School Head Masters in Panchayat Union Middle Schools through out the state by way of conducting general promotion counselling without conducting general transfer counselling. Prayer in WP(MD).No.4104 of 2021 :

Primary School Headmasters in Panchayat Union Primary Schools throughout the state by way of conducting general promotion counselling without conducting general transfer counselling. Prayer in WP(MD).No.3942 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Order in Na.Ka.No.43107/C1/E1/2021 dated 18.02.2021 on the file of the Respondent No.2 and quash the same as illegal in so far the decision to conduct promotion counselling without conducting general transfer counselling is concerned and consequently for a direction, forbearing the Respondents from filling up the existing vacancies in the post of High School Headmasters throughout the State by way of conducting general promotion counselling without conducting general transfer counselling.

Prayer in WP(MD).No.3953 of 2021 :

Prayer in WP(MD).No.3945 of 2021 :

Prayer in WP(MD).No.3951 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Order in Na.Ka.No.43107/C1/E1/2021 dated 18.02.2021 on the file of the Respondent No.2 and quash the same as illegal in so far the decision to conduct promotion counselling without conducting general transfer counselling is concerned and consequently for a 12/24

direction, forbearing the Respondents from filling up the existing vacancies in the post of High School Headmasters throughout the State by way of conducting general promotion counselling without conducting general transfer counselling.

Prayer in WP(MD).No.3947 of 2021 :

Prayer in WP(MD).No.3950 of 2021 :

Prayer in WP(MD).No.3956 of 2021 :

Prayer in WP(MD).No.3948 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Order in Na.Ka.No.43107/C1/E1/2021 dated 18.02.2021 on the file of the Respondent No.2 and quash the same as illegal in so far the decision to conduct promotion counselling without conducting 13/24

general transfer counselling is concerned and consequently for a direction, forbearing the Respondents from filling up the existing vacancies in the post of High School Headmasters throughout the State by way of conducting general promotion counselling without conducting general transfer counselling.

Prayer in WP(MD).No.3963 of 2021 :

Prayer in WP(MD).No.3961 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records to the impugned order passed by the 3rd respondent vide his impugned proceedings Na.Ka.No.756/D1/2021 dt 19.02.2021 and quash the same as illegal in so far as the counseling for the post of Primary School Head Master is concerned and consequently to forbear the respondents from filling up the existing vacancies in the post of Primary School Headmasters throughout the state by way of general promotion counseling without conducting general transfer counseling in violation of the transfer guidelines issued in the previous years in Govt. order in G.O. (1D) No.256 dt 19.04.2017, G.O.(1D) No.403 dt 02.06.2018 and G.O.Ms.No.218 dt 20.06.2019.

Prayer in WP(MD).No.4079 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ , order or direction more particularly a writ in the nature of Writ of Mandamus forbearing the respondents from filling up the existing vacancies in the post of Primary School Headmaster/ B.T.Assistant by conducting general promotion counseling without conducting general transfer counseling in violation of transfer guidelines as prescribed in the previous order in G.O.(1D).No.256,School Education Department dated 19/04/2017, G.O.(1D).No.403, School Education Department dated 29/05/2018 and G.O.(1D) No.218, School Education Department dated 20/06/2019, based on the representation submitted by the petitioner through Association dated 10/02/2021.

14/24

Prayer in WP(MD).No.4083 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ , order or direction more particularly a writ in the nature of Writ of Mandamus forbearing the respondents from filling up the existing vacancies in the post of Primary School Headmaster/ B.T.Assistant by conducting general promotion counseling without conducting general transfer counseling in violation of transfer guidelines as prescribed in the previous order in G.O.(1D).No.256,School Education Department dated 19/04/2017, G.O.(1D).No.403, School Education Department dated 29/05/2018 and G.O.(1D) No.218 , School Education Department dated 20/06/2019 , based on the representation submitted by the petitioner through Association dated 10/02/2021.

Prayer in WP(MD).No.4159 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court S-3. To issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.no.756/D1/2021, dated 19.02.2021, on the file of the Respondent no.1 and quash the same as illegal and consequently direct the Respondents no.3 and 4 to transfer and post the petitioner in the available vacancies in Vadamadurai Block by conducting transfer counseling within the time stipulated by this Honurable Court.

Prayer in WP(MD).No.4223 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No. 756/D1/2021, dt.19.02.2021, on the file of the respondent No.1 and quash the same as illegal and consequently direct the respondents No. 3 to 4 to transfer and post the petitioner in the available vacancies in K.Mayiladumparai Block by conducting transfer counseling within the time stipulated by this Honble Court.

Prayer in WP(MD).No.4231 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court S-10. To issue a Writ of Certiorarified Mandamus calling for the entire records relating to the impugned order passed by the 3rd respondent vide his impugned proceedings Na.Ka.No.756/D1/2021 dated 19.02.2021 and quash the same as illegal in so far as the counseling and consequently to forbear the respondents from filling up the existing vacancies in the post of Primary School Head Masters throughout the state by way of General Promotion Counseling in violation of the transfer guidelines issued in the previous years in Government Order in G.O.(1D).No.256 dated 19.04.2017, G.O.(1D).No.403 dated 02.06.2018 and G.O.Ms.No.218 dated 20.06.2019.

15/24

Prayer in WP(MD).No.4246 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records relating to the impugned proceedings of the 2nd respondent Na.Ka.No.756/t1/2021 dt. 18.02.2021 and quash the same as unconstitutional. Prayer in WP(MD).No.4108 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus or any other appropriate writ or order or direction forbearing the respondents from filling up the existing vacancies in the post of elementary school headmaster by way of promotion counseling without conducting transfer counseling in violation of government orders issued in G.O.(1D).No.256 school educational department dated 19.04.2017, G.O.(1D) No.403 School education department dated 29.05.2018 and G.O. (1D).No.218 school educational department dated 20.06.2019.

Prayer in WP(MD).No.4331 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Government Order in G.O.No.249 dated 21/05/2020 on the file of the Respondent No.1 in so far as keeping the General Transfers on hold for 2020-2021 is concerned and quash the same as illegal and consequently for a direction, directing the Respondents to conduct general transfer counseling and thereafter conduct promotion counseling simultaneously for filling up the existing vacancies in the teaching Posts in Government High Schools, Government Higher Secondary Schools Throughout the State within the time period stipulated by this Honble Court.

Prayer in WP(MD).No.4222 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus or any other appropriate order or direction in the nature of Writ , directing the respondents to promote the petitioner as Middle School Headmaster in Kadaladi Block, Kadaladi , Ramanthapuram District Taking into consideration of the petitioners seniority in the cadre of B.T.Assistant in the light of Section 41 of the Tamilnadu Government Servants ( Conditions of Service ) Act, 2016 within a time frame that may be stipulated by this Honble Court. Prayer in WP(MD).No.4225 of 2021 :

Sivagangai District taking into consideration of the petitioners seniority in the cadre of B.T.Assistant in the light of Section 41 of the Tamil Nadu Government Servants (Conditions of Services) Act, 2016 within a time frame that may be stipulated by this Honble Court.

Prayer in WP(MD).No.4227 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ or Order or direction in the nature of Writ of Certiorarified Mandamus to call for the records pertaining to impugned order made in Na.Ka.No.756/T1/2021 dated 18/02/2021 passed by the 2nd respondent and quash the same as illegal and consequently direct the 2nd respondent to transfer the petitioner to the post of B.T.Assistant at Muttakudi Panchayat Union Middle School, Thirupananthal Union in Pursuant to the Petitioner application dated 22/02/2021. Prayer in WP(MD).No.4232 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue Writ of Certiorarified Mandamus or any other appropriate order or writ calling for the records relating to the impugned order passed by the 3rd respondent in his proceedings in Na.Ka.No.756/T1/2021 dated 18/02/2021 and quash the same as illegal and consequentially to forbear the respondents from filling up the existing vacancies in the post of Elementary School / middle School Head Masters throughout the state by way of General promotion counseling without conducting general transfer counseling in violation of the transfer guidelines issued in the previous years in Government order in G.O. (1D).No.256 dated 19/04/2017, G.O.(1D).No.403 dated 02/06/2018 and G.O.Ms.No.218 dated 20/06/2019.

Prayer in WP(MD).No.4234 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue Writ of Certiorarified Mandamus or any other appropriate order or writ calling for the records relating to the impugned order passed by the 3rd respondent in his proceedings in Na.Ka.No.756/T1/2021 dt 18.02.2021 and quash the same as illegal and consequentially to forbear the respondents from filling up the existing vacancies in the post of Elementary School / middle School Head Masters throughout the state by way of General promotion counseling without conducting general transfer counseling in violation of the transfer guidelines issued in the previous years in Government order in G.O. (1D).No.256 dt 19/04/2017, G.O.(1D).No.403 dt 02.06.2018 and G.O.Ms.No.218 dated 20.06.2019 within the time stipulated. 17/24

For Petitioner :

Mr.T.Lajapathi Roy (in WP Nos.3354, 3376,3380,3360, 3362, 3366, 3367, 3370, 3373, 3936, 3939, 3940, 3941, 3944, 4091, 4102, 4103, 4100, 4095, 4097, 4104, 3942, 3953, 3945, 3951, 3947, 3950, 3956, 3948, 3963 & 4331 of 2021) Mr.S.Louis (in WP Nos.4221,4224, 4159 & 4223 of 2021) Mr.J.Anandakumar (in WP Nos.3866 & 3869 of 2021) Mr.V.Panner Selvam (in WP Nos.3877 & 4108 of 2021) Mr.Issac Mohanlal, Senior Counsel for Issac Chambers (in WP No.3954 of 2021) Mr.M.Ajmal Khan, Senior Counsel for Ajmal Associaties (in WP Nos.3961, 4232 and 4234 of 2021) Mr.G.Sankaran (in WP Nos.4079 and 4083 of 2021) Mr.C.M.Arumugam (in WP No.4231 of 2021) Mr.J.Sivaram (in WP No.4246 of 2021) Mr.B.S.Meltiue (in WP Nos.4222 and 4225 of 2021) Mr.P.R.Prithiviraj (in WP No.4227 of 2021 For Respondents : Mr.K.ChellaPandian Additional Advocate General Assisted by Mr.A.Thiagarajan, Government Advocate (in all cases) COMMON ORDER Heard the respective learned counsels appearing for the petitioners and the learned Additional Advocate General appearing for the respondents.

2. The short point that arises for consideration in the present Writ Petitions is as to whether the respondents are justified in filling up the existing vacancies for the post of High School Headmasters / Middle School Headmasters / Block Educational Officers, through promotion counselling, without conducting the general transfer counselling for the year 2020-2021?

3. The predominant contention of the learned counsels appearing for the petitioners is that the decision of the respondents in conducting the promotion counselling, without 18/24

conducting the general transfer counselling for the year 2020-2021, is unlawful and arbitrary. Such a stand is taken in view of the pre-existing practice of the respondents in conducting the general transfer counselling, prior to the promotion counselling, for the years 2017-2018, 2018-2019 and 2019-2020, by issuance of the Government Orders. Their apprehension is that, if the promotion counselling is permitted prior to the conduct of general transfer, the juniors to the petitioners, who are anticipating their respective transfers through counselling, would be deprived of choosing a place of their respective choices.

4. The learned Additional Advocate General appearing for the respondents would defend the action of the respondents by placing reliance on G.O.Ms.No.248, Finance (CMPC) Department, dated 20.05.2020 and G.O.Ms.No.249, Finance (Budget General-I) Department dated 21.05.2020 and submitted that consequent to the preventive measures adopted to curtail the spread of COVID-19 Virus, the general transfers were ordered to be kept on hold for the year 20202021 and also as an economic measure and for resource mobilization efforts to save the revenue. The learned Additional Advocate General further submitted that if the promotion counselling is not permitted now, some of the graduate teachers, who are at the verge of retirement, will be seriously affected for being denied of their promotions.

5. The learned counsels appearing on behalf of the prospective promotees, adopted the stand taken by the learned Additional Advocate General and insisted that the decision of the Government to conduct the promotion counselling should not be interfered with.

6. I have given careful consideration to the submissions made by the respective counsels.

7. Normally, the general transfer counselling happens once in every three years in the State of Tamil Nadu and the transfer of employees takes place whenever there are administrative exigencies (or) large vacancies (or) when vacancies are required to be filled up through promotions. All along and atleast from the year 20172018, the general transfer counselling takes place, prior to the promotion counselling. This procedure was enabled for the year 2017-2018 through G.O.(1D).No.256 (Education 5(1) Department), dated 19.04.2017; G.O.(1D).No.403, (Education 5(1) Department), dated 29.05.2018 for the year 2018-2019 and G.O.Ms.No.218 (Education 5(1) Department), dated, 20.06.2019 for the year 20192020.

8. When the COVID-19 pandemic stormed unprecedently in the State of Tamil Nadu during the month of March 2020, the Government thought it fit to regulate the expenditure on emoluments of its 19/24

employees and thereby, a total ban on creation of new posts in all the Government Departments was imposed, apart from permitting recruitments against the vacant entry level posts including compassionate appointments and also for promotions and recruitments by transfers. Subsequently, through G.O.Ms.No.249, Finance (Budget General-I) Department, dated 21.05.2020, the Government had, in particular, decided to reduce certain portion of the expenses as a part of the economic measures and resource mobilization efforts. Among the various heads, in which, such economic measures were contemplated, it was decided to with-hold the general transfers for the year 2021, to minimize the expenditure on transfer travelling expenses, except for transfers on administrative grounds.

9. Thus, the ultimate decision of the Government to withhold the general transfers was made as an economic measure to curtail or save the expenditure on transfer travelling expenses for the Government employees including the Educational Department. When a specific query was put to the learned Additional Advocate General as to what could be the cost incurred by the Government when a general transfer counselling takes place, it was submitted that the transferees on counselling were not entitled for transfer travelling allowances. However, they are entitled for seven days leave to facilitate their transfer, for which period they are entitled for their salaries.

10. I am not in agreement with such a stand taken by the learned Additional Advocate General that the seven days salary claimed by the transferee teachers would either be a saving in the expenditure or an additional cost incurred by the Government for effecting transfers. For instance, the present decision of the Government in not permitting the general transfer counselling would still require them to pay all the Government employees in general and the teachers in particular, their respective salaries. It is not the case of the Government that in case the teachers are permitted to opt for transfer and thereby avail seven days leave, there would additional expense to the Government in such circumstances.

When the Teachers, who are aspiring for a transfer through counselling, are admittedly disentitled for the transfer travelling allowances and when the Government have decided to hold the transfers and thereby, disburse the salaries for the seven days notional period, for which, a transferee would have been otherwise entitled to, the very object of the Government Order in G.O.Ms.No.249, Finance (Budget General-I) Department, dated, 21.05.2020 to minimize the economic resources mobilization seems unfounded, insofar as the ban on transfers for the year 2021 in the Education Department is concerned. It would be pertinent to point out here that the measures taken under the other Heads for the expenses and expenditure etc, referred to in the Government Order, may meet the object of the said Government Order.

11. It is the submission of the learned Additional Advocate General that since the measures introduced in G.O.Ms.No.249, Finance (Budget General-I) Department, dated, 21.05.2020 to control the expenditures requires to be strictly and scrupulously followed by all the Departments of the Government, the with-holding of general transfers in this background, is inevitable.

12. As stated earlier, right from the year 2017-2018, onwards, the Educational Department has been undisputedly conducting the general transfers for the academic year in advance, followed by the promotion transfers. But, for the year 2021, there was no deviation in this method. The present G.O.Ms.No.249, Finance (Budget General-I) Department dated, 21.05.2020 relied on by the respondents does not prescribe that the promotion counselling should precede the general transfer counselling. Incidentally, when the issue with regard to the legality of transfers on administrative grounds came up for consideration in a pro bono case before the Hon'ble Division Bench of this Court in W.P.(MD).No.23772 of 2018, certain guidelines for general transfer counselling, including transfers on administrative grounds, were issued.

These guidelines were subject to passing of appropriate orders by the Government. Among such guidelines, it was directed that the annual transfers in the schools must be only on the basis of general counselling which should be held atleast by the 15th of May of the relevant year. The Government is yet to pass appropriate orders to this effect, apparently, due to the onset of COVID-19 pandemic. When such orders for general transfer through counselling are yet to be passed pursuant to the guidelines of the Hon'ble Division Bench and in view of the absence of any specific clauses in G.O.Ms.No.249, Finance (Budget General-I) Department dated, 21.05.

2020 enabling the Government to conduct promotion counselling prior to the transfer counselling and by taking into account the general practice adopted from the year 2017-2018 onwards to hold the promotion counselling after the general transfer counselling, this Court is of the view that the consistent procedure should not be given a go-by.

13. It would not be out of place to mention here that the Government have now taken a policy decision to increase the retirement age of the teachers to 60 years and hence the ground raised by the learned Additional Advocate General that some of the teachers, who are awaiting for promotions, are at the verge of their retirement, is rendered redundant. However, since the respondents apprehend that some prejudice could be caused to the teachers, who are awaiting for promotions, it would be appropriate that the respondents could be directed to hold both the general transfer counselling and the promotion counselling on the same date. However, such simultaneous counselling should not deviate from the pre-existing procedures and therefore, the general transfer counselling, shall precede the promotion counselling. 21/24

14. In the light of the above observations, there shall be a direction to the Director of School Education Department, Chennai and the Director of Elementary Education, Chennai, to conduct the general transfer counselling, followed by the promotion counselling, on the same day or the succeeding days if necessary, in the various vacancies for the posts of High School Headmasters / Middle School Headmasters / B.T. Assistants / Primary School Headmasters / Block Educational Officers in the various schools in the State of Tamil Nadu. Such exercise of conducting counselling shall be done as expeditiously as possible, in any event, on or before the 30th of April, 2021.

15. These Writ Petitions stand ordered accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(AS) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg Note : Issue order copy on 12.03.2021 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 Chief Secretary to Government of Tamil Nadu, Finance ( Budge General - I ) Department , For St George, Chennai - 9 2 The Principal Secretary to Government, Department of School Education, Fort St.George, Chennai-9. 3 The Secretary to Government of Tamil Nadu, School Education Department, Secretariat, Chennai. 4 The Director of School Education, O/o.The Director of School Education, DPI Campus, Chennai-6.

5 The Director of Elementary Educational Officer, O/o.The Directorate of Elementary Education, Chennai-600 006.

22/24

6 The Joint Director of School Education (Personnel), O/o.The Joint Director of School Education, DPI Campus, Chennai-6.

7 The Joint Director of Elementary Education, (Administration), College Road, Chennai - 600006. 8 The Commissioner, O/o. the Commissioner of School Education, School Education Department, Chennai-6.

9 The Chief Educational Officer, O/o.The Chief Educational Officer , Dindigul, Dindigul District 10 The Chief Educational Officer, Ramanathapuram District, Ramanathapuram.

11 The Chief Educational Officer, Thoothukudi, Thoothukudi District 12 The District Educational Officer, Tiruchendur, Thoothukudi District 13 The Block Educational Officer, Alwarthirunagari Union at Thenthiruperai, Thoothukudi District 14 The Chief Educational Officer, Virudhunagar District 15 The District Educational Officer, Srivilliputhur, Virudhunagar District 16 The Block Educational Officer,Rajapalayam Union, Virudhunagar District.

17 The District Educational Officer, O/o. the District Educational Officer, Vdasandur, Dindigul District.

15 The Block Educational Officer, Vadamadrai Block, Vadamadurai, Dindigul District.

16 The Chief Educational Officer, Theni, Theni District 17 The District Eductaional Officer, Theni, Theni District 18 The Block Educational Officer, K.Mayiladumparai Block, K.Mayiladumparai, Theni District 19 The Chief Educational Officer, Karur District , Karur 20 The District Educational Officer, Kulithalai Educational District, Karur District 21 The Block Educational Officer, Kadavur Block, Karur District 22 The District Educational Officer, Kovilpatti, Thoothukudi District 23 The Block Educational Officer, Kayathar, Thoothukudi District 24 The District Educational Officer, Ramanathapuram District, Ramanathapuram.

25 The Block Educational Officer - II, Kadaladi Block, Kadalai, Ramanthapuram District.

23/24

26 The Chief Educational Officer, Sivagangai District, Sivagangai.

27 The District Educational Officer, Devakottai, Sivagangai District 28 The Block Educational Officer, Kalaiyarkovil Block, Kalaiyarkovil, Sivagangai District 29 The District Educational Officer, Kumbakonam, Thanjavur District.

30 The Block Educational Officer, Thirupananthal, Thanjavur District 31 The Government Advocate, Madurai Bench of Madras High Court, Madurai.

+2cc to M/s.Issac Chambers, SR Nos.10268 and 10269 +7cc to Mr.T.Lajapathi Roy, Advocate, SR Nos.10277 to 10283 +1cc to Mr.P.R.Prithiviraj, Advocate, SR No.9971 +2cc to Mr.F.Deepak, Advocate, SR No.10380 +2cc to Mr.V.Panner Selvam, Advocate, SR Nos.10457 and 10458 Common Order made in W.P.(MD)Nos.3354, 4221, 4224, 3376, 3380, 3360, 3362, 3366, 3367, 3370, 3373, 3866, 3869, 3877, 3936, 3939, 3940, 3941, 3944, 3954, 4091, 4102, 4103, 4100, 4095, 4097, 4104, 3942, 3953, 3945, 3951, 3947, 3950, 3956, 3948, 3963, 3961, 4079, 4083, 4159, 4223, 4231, 4246, 4108 4331, 4222, 4225, 4227, 4232 & 4234 of 2021 Dated :10.03.2021 NS(CO) TR(12.03.2021) 24P 46C 24/24