Packiaselvi.V v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN and W.M.P.(MD).No.10257 of 2022 V.Packiaselvi ... Petitioner vs.

1.The Chief Educational Officer, Thoothukudi District.

2.The District Educational Officer, Kovilpatti, Thoothukudi District.

3.The Block Educational Officer, Puduur, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to transfer the petitioner to the post of Secondary Grade Teacher at Panchayat Union Primary School, Seetharkulam, Karunkulam Block, Thoothukudi District in pursuance of the proceedings of the first respondent vide Na.Ka.No.4600/E2/2021, dated 27.06.2022, within the time stipulated by this Court. 1/5

For Petitioner : Mr.T.Aswin Rajashimman for Mr.T.Lajapathi Roy For Respondents : Mr.S.Sajibino Special Government Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to transfer the petitioner to the post of Secondary Grade Teacher at Panchayat Union Primary School, Seetharkulam, Karunkulam Block, Thoothukudi District in pursuance of the proceedings of the first respondent in Na.Ka.No.4600/E2/2021, dated 27.06.2022, within the time stipulated by this Court.

2. The learned counsel for the petitioner submitted that the petitioner participated in the counseling dated 25.02.2022, for being transferred to Panchayat Union Primary School, Seetharkulam, Karunkulam Block, Thoothukudi District. However, one Mr.S.Senthil, who had participated in the counseling represented that he was a widower and on the basis of his misrepresentation, he was given transfer in preference to the petitioner. Later, on 2/5

the complaint made by the petitioner, an enquiry was conducted and the transfer order effected to Mr.S.Senthil was cancelled. The petitioner now understand that this vacancy is included in the District to District transfer counseling which takes place from 07.07.2022. Therefore, this writ petition.

3. The learned Special Government Pleader takes notice for the respondents and countered that the claim of the learned counsel for the petitioner that the Secondary Grade Teacher at Panchayat Union Primary School, Seetharkulam is meant to be considered only Union to Union transfer and there is no move to take this post to District to District transfer.

4. In view of the submission of the learned counsel for the petitioner, it is seen that the petitioner has submitted his representation dated 15.06.2022 to the District Educational Officer, to consider her request for transfer on the transfer order effected to Mr.S.Senthil was cancelled. Therefore, this Court directs the respondents to consider the representation of the petitioner, dated 15.06.2022 and pass orders as per the Rules, on merits, as early as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. 3/5

5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 06.07.2022 Index : Yes / No Internet : Yes / No akv To 1.The Chief Educational Officer, Thoothukudi District.

2.The District Educational Officer, Kovilpatti, Thoothukudi District.

3.The Block Educational Officer, Puduur, Thoothukudi District.

4/5

G.CHANDRASEKHARAN, J.

akv Order made in Dated:

06.07.2022 5/5