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Madras High CourtWP(MD)/15069/2016disposed of

M.Annie Freeda, v. The State Of Tamil Nadu,

2016-08-19Honourable Mr Justice T.Raja5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)Nos.15069 to 15071 of 2016 and W.M.P.(MD)Nos.11102 to 11104 of 2016 W.P.(MD)No.15069 of 2016 M.Annie Freeda Petitioner Vs.

Na.Ka.No.47018/W2/E2/2014 dated 23.06.2014 in respect of the similarly placed person like that of the petitioner within a period as fixed by this Court.

W.P.(MD)No.15070 of 2016 C.R.Sudha Kumari Petitioner Vs.

Ramanathapuram District, Ramanathapuram ...

Na.Ka.No.47018/W2/E2/2014 dated 23.06.2014 in respect of the similarly placed person like that of the petitioner within a period as fixed by this Court.

W.P.(MD)No.15071 of 2016 T.Kala Petitioner Vs.

Na.Ka.No.47018/W2/E2/2014 dated 23.06.2014 in respect of the similarly placed person like that of the petitioner within a period as fixed by this Court.

For petitioner in all petitions : Mr.C.Venkatesh Kumar for M/s Ajmal Associates For respondents in all petitions : Mr.VR.Shanmuganathan Special Government Pleader *** COMMON ORDER The petitioner, in all these petitions, have come to this Court seeking issuance of a writ of mandamus to direct the respondents to transfer the petitioners as P.G.Assistant (Physics)

in his proceedings x.K.vz;.064742/lgps;a[2/,1/2015> dated, 16.12.2015, and, in the light of the proceedings issued by the third respondent in Na.Ka.No.47018/E2/2014, dated 23.06.2014, in respect of similarly placed persons like that of the petitioners, within a time limit that may be fixed by this Court.

2. Learned Counsel appearing for the petitioners, by drawing the attention of this Court to the order, dated 13.08.2015, passed in W.P.(MD)Nos.13778 to 13782 of 2015, would submit that in the light of G.O.(1D).No.137 School Education Department, dated 09.06.2014, it was held therein that persons, who are promoted as P.G. Assistants and posted at other Districts, are to be given priority before any Counselling takes place for transfer to their respective native Districts and so holding, the Joint Director of School Education was directed to consider the petitioners' representations (in that case) dated 01.11.2014 and 17.04.2015 on merits and in the light of the said Government Order viz., G.O. (1D).No.137 School Education Department, dated 09.06.2014. It is further submitted that the respondents should act by their own G.O.(1D).No.

137, School Education Department, dated 09.06.2014, by adhering to what is made clear in paragraph No.3 thereof, in the light of this Court's order dated 13.08.2015. But, without complying either of the same, the respondents attempt to negotiate the request of the petitioners on the basis of a subsequent Government Order in G.O.(1D)No.258, School Education Department, dated 06.07.2016.

3. Mr.V.R.Shanmuganathan, learned Special Government Pleader, who takes notice for the respondents, would submit that now the respondents have issued an order as per G.O.(1D)No.258 School Education Department, dated 06.07.2016. According to him, the petitioners cannot prevail upon the respondents to comply with their options. He would also submit that the petitioners have also asked the respondents to post them in a school which is situated close to their house.

4. Although this Court finds favour with the learned Special Government Pleader that the petitioners cannot dictate the respondents to pass posting orders according to their whims and fancies, this Court, by sticking to its earlier order, dated 13.08.2015, directs the respondents to follow their own G.O.(1D). No.137 School Education Department, dated 09.06.2014. In all fairness, the respondent shall give effect to the order passed by this Court and also G.O.(1D).No.137 School Education Department, dated 09.06.2014. Of course, it is open to the respondents to accommodate the petitioners against suitable vacancies.

5. With the above directions, all the Writ Petitions are disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar ssl To 1.The Secretary to Government, State of Tamil Nadu, 6.The Chief Educational Officer, Ramanathapuram District, Ramanathapuram.

+1CC to M/S.Ajmal Associates Sr.No.46260 GJM/SKS/RR/19.9.16-5p-8c W.P(MD)Nos.15069 to 15071 of 2016 and W.M.P.(MD)Nos.11102 to 11104 of 2016 19.08.2016