M.Jesu Rathi v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.15580 of 2019 M.Jesu Rathi

...Petitioner

Vs.

1.State of Tamil Nadu represented by its Principal Secretary, Department of School Education, Fort St.George, Chennai 600 009.

2.The Director of School Education, DIP Compound, College Road, Nungambakkam, Chennai - 600 006.

3.The Chief Educational Officer, Thoothukudi District, Thoothukudi.

4.The Headmaster, Government Higher Secondary School, Kongarayankurichi, Thoothukudi District.

5.The Headmaster, Government Higher Secondary School, Veppaloadi, Thoothukudi District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to transfer the petitioner from fourth respondent school to fifth respondent school to the post of B.T.Assistant (Social Science) in the light of Government Letter (Ms) No.92/S/09 dated 22.07.2009.

For Petitioner : Mr.P.Balamurugan For Respondents : Mrs.S.Srimathy Special Government Pleader

ORDER

This Writ Petition has been filed to direct the third respondent to transfer the petitioner from fourth respondent school to fifth respondent school to the post of B.T.Assistant (Social Science).

2.The learned counsel for the petitioner would submit that the petitioner is a physical challenged person (40% disability). She was initially appointed as B.T.Teacher (Social Science) in Government High School, Gopalapuram, Pudukkottai District and subsequently, she was transferred to the fourth respondent school. 3.Further, the learned counsel for the petitioner would submit that the petitioner made a representation on 06.07.2019 to the fourth respondent with regard to transfer, requesting him to forward the same to the third respondent. In this regard, the petitioner made an another application on 26.06.2019 to the third respondent requesting to transfer. But, till date no action has been taken. Hence, the petitioner is before this Court. 4.The learned Special Government Pleader appearing for the respondents would submit that the representation of the petitioner would be considered as expeditiously as possible on merits and in accordance with law.

5.In agreed with the submission made by the learned Special Government Pleader, without expressing any opinion on the merits of the case, this Court directs the third respondent to consider the representation of the petitioner dated 06.07.2019 on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal Secretary, Department of School Education, Fort St.George, Chennai 600 009.

2.The Director of School Education, DIP Compound, College Road, Nungambakkam, Chennai - 600 006.

3.The Chief Educational Officer, Thoothukudi District, Thoothukudi.

4.The Headmaster, Government Higher Secondary School, Kongarayankurichi, Thoothukudi District.

5.The Headmaster, Government Higher Secondary School, Veppaloadi, Thoothukudi District.

+1 CC to M/s.J.DAVID GANESAN, Advocate ( SR-75074[F] dated 12/07/2019 ) +1 CC to M/s.SPL GP ( SR-75207[F] dated 15/07/2019 ) MM W.P.(MD) No.15580 of 2019 12.07.2019 KM/(19.07.2019) 3P 8C