A. Deisy, v. The District Elementary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD).No.12959 of 2016 and W.M.P.(MD).Nos.9762 and 9763 of 2016 A.Deisy ...
Petitioner Vs 1.The District Elementary Educational Officer, R.M.S.Road, Madurai-625 001.
2.The Additional Assistant Elementary Educational Officer, Madurai West, Anaiyur, Madurai-625 017.
...
Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to consider the petitioners seniority at the 1st place in the Promotion panel as on 01.01.2016 for promotion to the post of B.T. Assistant (English) in Madurai west Panchayat Union and to promote and post the petitioner as BT Assistant in English in the existing vacancy of BT Assistant (English) at Madurai west panchayat union Middle school at athalai or any other vacancy in other middle school functioning under Madurai West Panchayat Union Jurisdiction.
For petitioner : Mr.A.Thirumurthy For Respondents : Mr.R.Anandharaj Government Advocate
ORDER
Mr.A.Deisy, is a Secondary Grade Teacher, presently serving in the Panchayat Union Elementary School at Chakkiliankulam. The next avenue of promotion to her is B.T.Assistant. Since 2015, she has been shown as first in the promotion panel prepared by the respondents. While so, the counseling is scheduled on 06.08.2016. According to counseling schedule, B.T.promotion should be made first and then transfer from one union to union or district to union will take place. However, the respondents herein are trying to transfer a B.T.Assistant (English) working in some other union / district to https://hcservices.ecourts.gov.in/hcservices/
the B.T.Assistant (English) vacancy existing at the Madurai West Panchayat Union Middle School, Athalai in order to deprive the opportunity available to the petitioner. Stating all these facts, the petitioner has made a representation to the respondents, on 15.07.2016. Since the said representation did not evoke any response, the petitioner is before this Court. 2.
Mr.R.Anadharaj, learned Government Advocate was put on notice for the respondents.
3.
Since the Counseling is scheduled on 06.08.2016 and the petitioner has made a representation beforehand, the respondents are directed to consider the representation of the petitioner, dated 15.07.2016, on merits and in accordance with law and pass appropriate orders, within a period of two weeks from the date of receipt of a copy of this order or atleast before the commencement of counseling.
4.
With the above direction, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Elementary Educational Officer, R.M.S.Road, Madurai-625 001.
2.The Additional Assistant Elementary Educational Officer, Madurai West, Anaiyur, Madurai-625 017.
+1cc to Mr.M/s.VICTORY ASSOCIATES, Advocate Sr.No.38965 +1cc to Spl.Government Pleader Sr.No. 39108 WP(MD)No.12959 of 2016 22.07.2016 SH/NGM-MP/SAR-III:28.07.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/