M.Palaniammal, v. The Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD)No.12554 of 2018 and W.M.P.(MD)No.11448 of 2018 M.Palaniammal : Petitioner Vs.
1. The Director, Primary School Education Department, College Road, Chennai.
2. The Chief Educational Officer, Virudhunagar District, Virudhunagar.
3. The District Elementary Educational Officer, Virudhunagar District, Virudhunagar.
4. The Assistant Elementary Educational Officer, Vathirairuppu Union, Virudhunagar District.
: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents herein to appoint the teacher on permanent basis in Rengapalayam Panchayat Union Primary School, Vathirairuppu Union, Virudhunagar District, based on the petitioner's representation dated 09.06.2018. For Petitioner : Mr.D.Anbarasu For Respondents : Mr.S.Nagarajan, Special Government Pleader ******
ORDER
The petitioner is the Headmistress of Rengapalayam Panchayat Union Primary School, Vathirairuppu Union, Virudhunagar District. The said School is a two teachers School. Even though the School has two permanent posts, the respondents have not filled up one permanent vacancy. The petitioner is holding the post of
Headmistress and another post of permanent teacher is lying vacant for the past four years. As the Headmistress of the School, she made a representation to the respondents from 13.09.2014 onwards. In spite of the repeated requests made for running the School effectively for the welfare of the people of the downtrodden area, the respondents are not posting anyone in the vacancy. Now that the general counselling for the post of teachers is proposed to be held, as per G.O.Ms.(1o)No.403, School Education Department, dated 29.05.2018, it is incumbent on the respondents to fill up the vacant posts with the surplus teachers and thereafter, conduct the counselling. But, without filling up the posts, the respondents are conducting counselling and, therefore, the petitioner seeks a direction to consider her request to fill up the vacancy in her School.
2. Considering the facts and circumstances of the case, the respondents are directed to consider the request of the petitioner to fill up the vacancy lying in the School for the past four years and thereafter, conduct general counselling. The respondents are further directed to consider the request of the petitioner by way of her representation dated 09.06.2018 and pass orders, within a period of two weeks from the date of receipt of a copy of this order. Liberty is also given to the respondents to post one teacher through general counselling to the Rengapalayam Panchayat Union Primary School, Vathirairuppu Union, Virudhunagar District.
3. The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To
1. The Director, Primary School Education Department, College Road, Chennai.
2. The Chief Educational Officer, Virudhunagar District, Virudhunagar.
3. The District Elementary Educational Officer, Virudhunagar District, Virudhunagar.
4. The Assistant Elementary Educational Officer, Vathirairuppu Union, Virudhunagar District.
+ 1 cc TO Mr.D.Anbarasu , Advocate in SR No. 68948 SML AE/SV MMS/SAR4/29.06.2018/3P/6C Order made in W.P(MD)No.12554 of 2018 Dated:- 18.06.2018