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Madras High CourtWP(MD)/15477/2019dismissed

V.P.Sumathi v. The State Government Of Tamilnadu

2019-08-29Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and W.M.P.(MD) Nos. 12117 & 12118 of 2019 V.P. Sumathi ... Petitioner Vs.

1. The State Government of Tamil Nadu, Represented by its Principal Secretary, Department of School Education, Fort Saint George, Chennai -600 009.

2. The Director of School Education, Directorate of School Education, College Road, Chennai - 600 006.

3. The Chief Educational Officer, O/o. the Chief Educational Officer, Dindigul, Dindigul District.

4. The District Educational Officer, O/o.The District Educational Office Dindigul, Dindigul District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Government Order in G.O.MS(ID) No.218 School Education (Pa.Ka.5(1)) Department, dated 20.06.2019, on the file of the first respondent and quash the same as illegal to the extent of demanding for three years of service at the present station as on 01.06.2019 as the requirement for participating in the forthcoming Teachers General Transfer Counselling 2019-2020 and consequently directing the second respondent to permit the petitioner to participate in the General Transfer Counselling 2019-2020, within the time stipulated by this Court.

For Petitioner : Mr.S. Louis For Respondents : Mr.S. Srimathy, Special Government Pleader

O R D E R

This writ petition has been filed to quash the impugned Government Order in G.O.(1D).No.218 School Education (Pa.Ka.5(1)) Department, dated 20.06.2019 passed by the first respondent and consequently direct the second respondent to permit the petitioner 1/3

to participate in the general transfer counselling for the year 2019-2020.

2. According to the petitioner, she was initially appointed as Secondary Grade Teacher and subsequently, promoted to B.T. Assistant (Science). She has filed a writ petition in W.P.(MD) No.12511 of 2018 for a direction to the respondents-3 & 4 to allow her to participate in the transfer counselling conducted in the year 2018 the same was allowed on 12.06.2018. Since there was no vacancy in Natham Block, the petitioner has not attended the Counselling. After issuance of the Government order for transfer counseling, she has submitted a representation, dated 28.06.2019 before the Block Educational Officer, Natham Block, Dindigul District for transfer counselling. Due to the impugned condition of three years in the present station, her application could not be uploaded in the online portal. Hence, the petitioner is before this Court seeking the aforesaid relief.

3. Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner brought to the notice of this Court, pursuant to the order passed by this Court, the writ petitioner has appeared in the counselling and transfer order also been issued by the respondent, but no posting order was issued by the respondents/Department.

4. In reply, the learned Special Government Pleader appearing for the respondents has submitted before this Court that, since pending the instant writ petition, the petitioner was not permitted to join duty in the transferring station. She further submitted that the respondents/Department have passed transfer order.

5. In the light of the submission made by the learned counsel for the petitioner as well as the learned Special Government Pleader appearing for the respondents, the instant Writ Petition is dismissed. If there is no legal impediment, the respondents/Department shall permit the petitioner to join duty from the place of Panchayat Union Middle School, P.Malaiyoor, Natham Block, Dindigul District to the place of Kurumbanpatti Village. No Costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (AD II) // True Copy // Sub Assistant Registrar(CS) 2/3

ksa To

1. The Principal Secretary, State Government of Tamil Nadu, Department of School Education, Fort Saint George, Chennai -600 009.

2. The Director of School Education, Directorate of School Education, College Road, Chennai - 600 006.

3. The Chief Educational Officer, O/o. the Chief Educational Officer, Dindigul, Dindigul District.

4. The District Educational Officer, O/o.The District Educational Office Dindigul, Dindigul District.

+1 CC to M/s.S.LOUIS, Advocate ( SR-84419[F] dated 30/08/2019 ) +1 CC to M/s.SPL GP ( SR-84471[F] dated 30/08/2019 ) W.P[MD)]No.

15477 of 2019 29.08.2019 KM/(10.10.2019) 3P 7C 3/3