G.Kathirvel v. The Director (Administration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD)No.14709 of 2019 G. Kathirvel ... Petitioner Vs.

1.The Director (Administration), 2.The Joint Director (Administration), 3.The District Elementary Educational Officer, O/o. the District Elementary Educational Officer, Tuticorin - 628 103.

4.The District Elementary Educational officer, O/o. the District Elementary Educational Officer, Virudhunagar.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the second respondent to pass appropriate orders to transfer the petitioner from Panchayat Union Middle School, Rajagopalapuram, Tiruchuli Block, Virudhunagar District to Panchayat Union Middle School, Keelakaranthai, Pudur Union, Tuticorin District as BT Assistant (Science), Teacher or any other school in Tuticorin District in view of the Letter (Ms).No.92/S/09, dated 22.07.2009 of Personnel and Administrative Reforms (S) Department and also considering the petitioner's representation dated 25.06.2019, within a time framed fixed by this Court.

For Petitioner : Mr.I. Suthakaran For Respondents : Mrs. S. Srimathy Special Government Pleader

ORDER

This writ petition is filed seeking to direct the second respondent to pass appropriate orders to transfer the petitioner from Panchayat Union Middle School, Rajagopalapuram,

Tiruchuli Block, Virudhunagar District to Panchayat Union Middle School, Keelakaranthai, Pudur Union, Tuticorin District, as BT Assistant (Science) Teacher or any other school in Tuticorin District in view of the Letter (Ms).No.92/S/09, dated 22.07.2009, of Personnel and Administrative Reforms (S) Department and also considering the petitioner's representation dated 25.06.2019, within a time framed fixed by this Court.

2. Mrs. S.Srimathy, learned Special Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. Though this Writ Petition has been filed to give a positive direction to the 2nd respondent, the learned counsel appearing for the petitioner submitted that the petitioner will be satisfied, if a direction is issued to the 2nd respondent to consider and pass orders on the representation of the petitioner, dated 25.06.2019.

4. The learned Special Government Pleader appearing for the respondents would submit that the representation of the petitioner will be considered in the light of the Government Orders as well as Rules.

5. Considering the submissions made on either side, this Court, without expressing any opinion on the merits of the petitioner's case, directs the second respondent to consider the representation of the petitioner, dated 25.06.2019, based on the Government Orders as well as Rules, and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner.

6. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Director (Administration),

2.The Joint Director (Administration), 3.The District Elementary Educational Officer, O/o. the District Elementary Educational Officer, Tuticorin - 628 103.

4.The District Elementary Educational officer, O/o. the District Elementary Educational Officer, Virudhunagar.

+1 CC to M/s.I.SUTHAKARAN, Advocate( SR-72675[F] dated 02/07/2019 ) +1 CC to M/s.SPL GP ( SR-73518[F] dated 04/07/2019 ) trp W.P(MD)No.14709 of 2019 02.07.2019 KM/(16.07.2019) 3P 7C