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Madras High CourtWP(MD)/20523/2015disposed of

A. Subramanian v. The Joint Director Of

2016-03-18Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) No.20523 of 2015 A.Subramanian ... Petitioner Vs.

1.The Joint Director of School Education,(Personal) College Road, Chennai 600 006.

2.The Chief Educational Officer, Virudhunagar District.

3.The Chief Educational Officer, Kanyakumari District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st Respondent to pass an order transferring the Petitioner to Govt. High School Meenakshipuram Kanyakumari District or any one of vacancy available in Kanyakumari District as BT Assistant by considering the representation of the Petitioner dated 02.11.2015 in the light of the G.O.Ms.No.137 (School Education) Department dated 09.06.2014.

For Petitioner : Mr.D.Sasikumar For Respondents : Mr.Aayiram K.Selvakumar, Government Advocate.

ORDER

The petitioner has come up with the above writ petition seeking for the issue of a writ of mandamus, directing the first respondent to pass an order transferring the petitioner to the Government High School, Meenakshipuram, Kanyakumari District or any one of vacancies available in Kanyakumari District as BT Assistant by considering the representation of the petitioner dated 02.11.2015 in the light of the Government Order in G.O.Ms.No.137 (School Education) Department, dated 09.06.2014. 2.Heard the learned counsel appearing for the petitioner. Mr.Aairam K.Selvakumar, learned Government Advocate takes notice on behalf of the respondents.

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3.According to the petitioner, he belongs to Kanyakumari District. As the petitioner was finding it difficult to work in Virudhunagar District and also completing three years of service, he has made an application for transfer to any one of the vacancies that may be available in Kanyakumari District. The petitioner had participated in the general counselling which was held on 27.10.2015 for the academic year 2015-2016 and he has also made an application for transfer in the prescribed format on 02.11.2015. According to the petitioner, G.O.Ms.No.137, School Education Department, dated 09.06.2014 enables the teachers those who have transferred on deployment to be given priority in getting transfer according to their willingness. As per the said guidelines, the petitioner is now seeking transfer to Kanyakumari District from the present place which has not been considered so far by the respondents. Hence, the petitioner has come up with the above writ petition.

4.Considering the above stated facts and circumstances and without expressing any view on the claim made by the petitioner, the writ petition is disposed of, directing the respondents to consider the representation of the petitioner dated 02.11.2015 in the light of the Government Order in G.O.Ms.No.137 (School Education) Department, dated 09.06.2014 and pass orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar sms To 1.The Joint Director of School Education,(Personal) College Road, Chennai 600 006.

2.The Chief Educational Officer, Virudhunagar District.

3.The Chief Educational Officer, Kanyakumari District.

+1CC to Mr.D.Sasikumar Advocate Sr.No.15803 +1CC to Spl.Government Pleader Sr.No.15731 GJM/NGM/SS/30.3.16-2p-6C Writ Petition (MD) No.20523 of 2015 18.03.2016 https://hcservices.ecourts.gov.in/hcservices/