Ganesan.T v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.(MD).No.3864 of 2021 and 3867 & 3868 of 2021 T.Ganesan

...Petitioner

Vs.

1. State of Tamil Nadu Rep. by its Chief Secretary, Finance (Budge General - I) Department, Fort 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 Elementary Education, O/o. The Director of Elementary Education,

4. The Joint Director of Elementary Education, O/o. The Joint Director of Elementary Education, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of 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, insofar 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 counselling and thereafter conduct promotion counselling simultaneously for filling up the existing vacancies in the Teaching Posts in Elementary Education Department throughout the State within the time period stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.N.Shanmuga Selvam Additional Government Pleader

O R D E R

Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents. 1/3

2.The issue involved in the present writ petition came up for consideration in a batch of writ petitions in the case of U.Jacob Vs. Department of School Education, State of Tamil Nadu represented by Principal Secretary in W.P.(MD).No.3354 of 2021 batch and this Court had allowed the writ petitions. The present case is identical both on facts and on the legal grounds raised and hence, it would be appropriate to pass similar order in the present writ petition. 3.Accordingly, 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. 4.This writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

1. The Chief Secretary, State of Tamil Nadu Finance (Budge General - I) Department, Fort St. George, Chennai - 9.

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

3. The Director of Elementary Education, O/o. The Director of Elementary Education, 2/3

4. The Joint Director of Elementary Education, O/o. The Joint Director of Elementary Education,

5. The Director School Education Department, Chennai +1 CC to Mr.T.LAJAPATHI ROY, Advocate ( SR-11629[F]dated 17/03/2021 ) +1 CC to SPL GP ( SR-12280[F] dated 18/03/2021 ) 16.03.2021 VB (08.04.2021) 3P 8C 3/3