J. Rajan, v. The Director Of Elementary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.9205 of 2018 J.Rajan

...Petitioner

-Vs1. The Director of Elementary Education, DPI Campus, Nungambakkam, Chennai-6.

2. The District Elementary Education Officer, Theni, Theni District.

3. Additional Assistant Elementary Education Officer, Periyakulam Theni District.

..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to consider the case of the petitioner for transfer from Marugalpatti Panchayat Union Elementary School at Periyakulam Taluk, Theni District to Sarathupatti Panchayat Union Elementary School at Periyakulam Taluk, Theni District in the light of petitioner's representation dated 03.04.2018 within the time frame as fixed by this Court.

For Petitioners : Mr.B.Prahalad Ravi For Respondents : Mr.S.Srimathy Special Government Pleader

ORDER

The prayer sought for in this Writ Petition is for a writ of Mandamus, to direct the respondents to consider the case of the petitioner for transfer from Marugalpatti Panchayat Union Elementary School at Periyakulam Taluk, Theni District to Sarathupatti Panchayat Union Elementary School at Periyakulam Taluk, Theni District in the light of the petitioner's representation dated 03.04.2018 within the time frame as fixed by this Court. 2.Heard Mr.B.Prahalad Ravi, learned counsel, appearing for the petitioner, and Mr.S.Srimathy, learned Special Government Pleader, who takes notice on behalf of the respondents. By consent of both parties this Writ Petition is taken up for final disposal at the stage of admission itself.

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3.The learned counsel for the petitioner would submit that the prayer sought for before this Court in this Writ Petition is to consider the representation of the petitioner, dated 03.04.2018 with regard to his transfer and to pass order to that effect. Therefore, the learned counsel would submit that if a direction to that effect is issued to the respondents, the petitioner would be satisfied. 4.I have heard the learned Special Government Pleader, who would submit that the petitioner cannot have any right to claim any transfer to a particular place, as the same can be decided by taking into account the over all vacancy position, etc.,. Therefore, as a matter of right, the petitioner cannot seek any such indulgence for transfer.

5.Be that as it may, since the petitioner is before this Court with an innocuous prayer to consider his representation, dated 03.04.2018, this Writ Petition is disposed of with the following direction:- "that the second respondent is directed to consider the representation of the petitioner, dated 03.04.2018 and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order."

No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Director of Elementary Education, DPI Campus, Nungambakkam, Chennai-6.

2. The District Elementary Education Officer, Theni, Theni District.

3. Additional Assistant Elementary Education Officer, Periyakulam Theni District.

+1cc to Mr.B.Prahalad Ravi, Advocate sr.No.63985 +1cc to The Spl. Government Pleader Sr.No.64093 TA VB/RSK/SAR1/03/05/2018/2P/6C W.P.(MD)No.9205 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 25.04.2018