Madras High CourtWP(MD)/15494/2019disposed of

A.Kandasamy v. The Director Of Elementary Education

2019-07-11Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD)No.15494 of 2019 and WMP(MD).No.12137of 2019 A. Kandasamy ... Petitioner Vs.

1. The Director of Elementary Education, DPI Compound, College Road, Chennai.

2.The Joint Director of School Education (Personnel), DPI Compound, College Road, Chennai.

3.The Chief Educational Officer, Chief Educational Office, Trichy, Trichy District.

4.The District Elementary Educational Officer, Trichy, Trichy District.

5.The Block Educational Officer, Block Educational Office, Thuraiyur, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to give preference to the petitioner in the matter of transfer as Secondary Grade Teacher in Panchayat Union Primary School, Sorathur, Thuraiyur Block, Trichy District before conducting general transfer counseling in the light of the order passed by the 4th respondent in Clause 8 of his proceedings dated 18.06.2018 and by considering the petitioner's representation dated 02.07.2019, within the period that may be stipulated by this Court. For Petitioner : Mr.C. Venkateshkumar for M/s. Ajmal Associates For Respondents : Mrs. S. Srimathy Special Government Pleader

ORDER

This Writ Petition has filed for issuing a direction to the respondents to give preference to the petitioner in the matter of transfer as Secondary Grade Teacher in Panchayat Union Primary School, Sorathur, Thuraiyur Block, Trichy District, before conducting general transfer counseling, in the light of the order passed by the 4th respondent in Clause 8 of his proceedings, dated 18.06.2018 and by considering the his representation dated 02.07.2019, within the time to be stipulated by this Court.

2. Mrs. S. Srimathy, learned Special Government Pleader takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. At the time of hearing, the learned counsel appearing for the petitioner submitted that even though a larger relief is sought for in this Writ Petition, it would suffice, if a direction is issued to the respondents to consider and pass orders on the representation of the petitioner, dated 02.07.2019.

4. The learned Special Government Pleader appearing for the respondents, on instructions, submitted that the representation of the petitioner will be considered, if the petitioner is not having any remarks, on merits within a specified time that may be fixed by this Court.

5. Having regard to the limited scope of the prayer made by the petitioner and considering the submissions made on either side, this Court, without expressing any opinion on the merits of the petitioner's case, directs the third respondent to consider the representation of the petitioner, dated 02.07.2019 on merits and in accordance with law and pass appropriate orders forthwith, in any event not later than 13.07.2019, after affording due opportunity of hearing to the petitioner, if necessary. Needless to say that the petitioner shall forward a copy of the representation along with a copy of this order to the third respondent, to enable him to comply with directions passed by this Court.

6. With the above direction, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

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