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Madras High CourtWP(MD)/14425/2014dismissed as infructuous

P.Usha v. The Director Of School

2017-12-18Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2017

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD) No.14425 of 2014 P.Usha

...Petitioner

Vs.

1.The Director of School Education Department, DPI Campus, College Road, Chennai.

2.The Joint Director of School Education Department (Personnel) DPI Campus, College Road, Chennai.

3.The Chief Educational Officer, Sivagangai.

...Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 3rd respondent herein to recall the transfer order dated 26.06.2014 in Na.Ka.No.2403/A2/2014 and to reinstate the petitioner to Government Girls Higher Secondary School, Muthupattinam, Karaikudi, Sivagangai District where the petitioner worked earlier by considering petitioner's representation dated 16.07.2014, on humanitarian grounds.

For Petitioner :Mr.AL.Kannan For Respondents :Mr.V.Muruganantham Additional Government Pleader ***

O R D E R

This writ petition has been filed to direct the third respondent to recall the transfer order dated 26.06.2014 in Na.Ka.No.2403/A2/2014 and to reinstate the petitioner to the Government Girls Higher Secondary School, Muthupattinam, Karaikudi, Sivagangai District, where the petitioner worked earlier by considering the petitioner's representation dated 16.07.2014, on humanitarian grounds.

https://hcservices.ecourts.gov.in/hcservices/ 2.The petitioner was working as B.T. Assistant in Government Higher Secondary School, Athtur from 2008 and she was transferred

to Muhtukaruppan Vishalakshi Government Higher Secondary School, Sivagangai District on 21.11.2011.

Subsequently, she was transferred to the Government Girls Higher Secondary School, Muhtupattinam, Karaikudi, Sivagangai on 13.07.2012. Since she is a widow and her father suffered due to bone injury and she has to take care of him. She is the sole bread winner of her family. After transferring her from the place, where she was working on 26.06.2014 to the Government High School, Sakkottai, Sivagangai District and she joined in the above said school on 27.06.2014. She received a reply from the third respondent on 08.07.2014 that based on her representation dated 12.06.2014, she has been transferred, only based on her willingness and she sought only to consider her representation dated 26.06.2014 to re-call the transfer order.

3.The learned Additional Government Pleader has filed a counter and also produced a proceeding dated 09.12.2017 in Na.Ka.No.3847/m2/2014 wherein, it is seen that the the petitioner had already been transferred to Ramanathan Chettiar Municipality High School, Karaikudi on 28.08.2016 and she will be treated as Station Junior and accordingly, the petitioner has also joined in the said School and she is working there till date. 4.In view of the above submission made by the learned Additional Government Pleader, the writ petition is dismissed as infructuous. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The Director of School Education Department, DPI Campus, College Road, Chennai.

2.The Joint Director of School Education Department (Personnel) DPI Campus, College Road, Chennai.

3.The Chief Educational Officer, Sivagangai.

+1CC to Mr.AL.Kannan, Advocate, SR.No. 93603 +1CC to the Special Government Pleader SR.No.93735 W.P.(MD) No.14425 of 2014 18.12.2017 mm AM/GT/SAR 1/08.01.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/