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Madras High CourtWP(MD)/13634/2016disposed of

M.Amalorpavam v. The District Elementary

2016-08-01Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD).No.13634 of 2016 and W.M.P.(MD).Nos.10168 and 10169 of 2016 M.Amalorpavam ...

Petitioner Vs 1.The District Elementary Educational Officer, R.M.S.Road, Madurai-625 001.

2.The Additional Assistant Elementary Educational Officer, Thirupparankundram Union, Thirupparankundram, Madurai-625 005.

...

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 petitioner's 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 Thirupparankundram Panchayat Union and to promote and post the petitioner as BT Assistant in English in the existing vacancy of BT Assistant (English) at Thirupparankundram panchayat union Middle school at Periyar Nagar or any other vacancy in other middle school functioning under Thirupparankundram Panchayat Union Jurisdiction. For petitioner : Mr.A.Thirumurthy for Victory Associates For Respondents : Mr.R.Anandharaj Government Advocate

ORDER

Mr.M.Amalorpavam, is a Secondary Grade Teacher and presently serving in the Panchayat Union Elementary School at Samanatham. The next avenue of promotion to her is B.T. Assistant. Since 2016, she has been shown as No.1 in the Common Promotion Panel prepared by the respondents. While so, according to the counseling scheduled on 06.08.2016, 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 to the B.T.Assistant (English) vacancy existing at the Thirupparankundram Panchayat Union Middle School, Periyar Nagar, in order to deprive the opportunity available to the petitioner. Stating all these facts, the petitioner has addressed a representation to the respondents, dated 25.07.2016, which not having evoked any response, she is before this Court. https://hcservices.ecourts.gov.in/hcservices/ 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 25.07.2016, on merits and in accordance with law and pass appropriate orders, as early as possible or atleast before commencement of the counseling scheduled on 06.08.2016.

4.

With the above direction, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/ Assistant Registrar(AE) /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, Thirupparankundram Union, Thirupparankundram, Madurai-625 005.

+1cc to M/S.A.Thirumurthy, Advocate in SR.No.41068 +1cc to Special Government Pleader in SR.No.41530 W.P(MD).No.13634 of 2016 01.08.2016 ssm PA/GSV-PM/SAR III/03.08.2016/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/