Kumudhavalli. J.P v. The Director Of Elementary Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.6274 of 2023 J.P.Kumudhavalli ... Petitioner vs.

1.The Director of Elementary Education, Chennai-06.

2.The District Educational Officer (Elementary Education), Tirunelveli, Tirunelveli District.

3.The Block Educational Officer, Tirunelveli Urban, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to promote the petitioner as a B.T.Assistant., Science, as per the panel prepared by the 3rd respondent with all consequential benefits. 1/5

For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader *****

O R D E R

This writ petition is filed for issuance of a writ of Mandamus, to direct the respondents to promote the petitioner as a B.T. Assistant (Science) as per the panel prepared by the 3rd respondent with all consequential benefits 2.The contention of the petitioner is that the respondents are trying to fill up the vacancy by issuing transfer orders from various districts. In the Tirunelveli District, one B.T. Assistant (Science) post is available. Since the petitioner is qualified, she is waiting for promotion to the said post. The further contention of the petitioner is that the respondents should follow G.O.Ms.No.239, School Education Department, dated 22.09.2007. In the said G.O., the government prescribes that 50% of vacancy should be filled up by direct recruitment and 50% of vacancy 2/5

should be filled by way of promotion.

3. Without expressing any opinion on the claim of the petitioner, this Court is directing the respondents to consider the case of the petitioner and pass orders within a period of eight weeks from the date of receipt of a copy of this order.

4. With the above said direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 27.03.2023 Internet : Yes NCC : Yes / No Tmg 3/5

To 1.The Director of Elementary Education, Chennai-06.

2.The District Educational Officer (Elementary Education), Tirunelveli, Tirunelveli District.

3.The Block Educational Officer, Tirunelveli Urban, Tirunelveli District.

4/5

S.SRIMATHY, J Tmg 27.03.2023 5/5