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Madras High CourtWP(MD)/2286/2017disposed of

Sulochana, v. The District Collector

2019-03-07Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.2286 of 2017 and W.M.P.(MD)No.1878 of 2017 Sulochana ... Petitioner vs

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Personal Assistant to District Collector(Noon-Meals), Virudhunagar District, Virudhunagar.

3. The Block Development Officer, (Village Panchayat), Thiruchuli Panchayat Union, Thiruchuli @ M.Reddiyapatti, Virudhunagar District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the second respondent to consider the petitioner's representation dated 22.11.2016 and pass necessary orders, transferring the petitioner from Panchayat Union Elementary School, T.Sethupuram Village to Government High School, Kathalampatti, Thiruchuli Panchayat Union, Virudhunagar District within the stipulated period as fixed by this Court.

For Petitioner : Mr.G.Marimuthu For Respondents : Mrs.J.Padmavathy Devi Special Government Pleader for R.1 and R.2 : Mr.M.Rajarajan for R.3

ORDER

The Writ Petition is filed seeking a direction to the second respondent to consider the petitioner's representation dated

22.11.2016 and pass necessary orders, transferring the petitioner from Panchayat Union Elementary School, T.Sethupuram Village to Government High School, Kathalampatti, Thiruchuli Panchayat Union, Virudhunagar District within the stipulated period as fixed by this Court.

2. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 and 2 and the learned Counsel appearing for the third respondent and perused the materials available on record.

3. The case of the petitioner is that she is working as a Cook Assistant in the Panchayat Union Elementary School T.Sethupuram Village and she is residing along with her family in kathalampatti Village. Subsequently, she came to know that there is a vacancy for the post of Cook Assistant in the Government High School, Kathalampatti. Hence, she made a representation dated 22.11.2016 to the respondents seeking transfer. Since no action is forthcoming, the petitioner is before this Court by filing this Writ Petition.

4. The learned Special Government Pleader appearing for the respondents 1 and 2 would submit that the petitioner's representation would be considered within a time frame as fixed by this Court.

5. Considering the nature of the prayer as sought for by the petitioner, without going into the merits of the petitioner's case, the second respondent is directed to consider the representation of the petitioner dated 22.11.2016 seeking transfer, if there is any vacancy and pass appropriate orders on merits and in accordance with law, after due opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

6. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Personal Assistant to District Collector(Noon-Meals), Virudhunagar District, Virudhunagar.

3. The Block Development Officer, (Village Panchayat), Thiruchuli Panchayat Union, Thiruchuli @ M.Reddiyapatti, Virudhunagar District.

+1 CC to M/s.SPL GP ( SR-52576[F] dated 08/03/2019 ) +1 CC to M/s.G.M.LAW OFFICE, Advocate (SR-52480[F] dated 08/03/2019) SSL TE/KM : 03/04/2019 : 3P/6C W.P(MD) No.2286 of 2017 07.03.2019