G.Arockia Rajasekar v. The Director Of Elementary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.8413 of 2017 and W.M.P.(MD)No.6413 of 2017 G.Arockia Rajasekar ..Petitioner Vs.

1. The Director of Elementary Education, D.P.I. Campus College Road, Chennai - 6.

2. The District Elementary Educational Officer, O/o. District Elementary Educational Office, Trichy District.

.. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to transfer the petitioner from T.Aundipatti, Marungapuri Panchayat Union Primary School, Trichy District to any one of the school having vacancy at Musiri Union, Trichy District by considering his representation, dated 20.04.2017 under the guidelines issued in G.O.Ms.No.92/S/09, dated 22.07.2009 and also under spouse quota.

For Petitioner : Mr.S.Arivalagan For Respondents : Mr.C.Selvaraj, Special Government Pleader.

***

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the second respondent to transfer the petitioner from T.Aundipatti, Marungapuri Panchayat Union Primary School, Trichy District to any one of the school having vacancy at Musiri Union, Trichy District by considering his representation, dated 20.04.2017 under the guidelines issued in G.O.Ms.No.92/S/09, dated 22.07.2009 and also under spouse quota. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel appearing for the petitioner and

the learned Special Government Pleader appearing for the respondents.

3. Mr.C.Selvaraj, learned Special Government Pleader, takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.

4. Though the Writ petition is for issuing a Writ of Mandamus to give a positive direction to the second respondent to transfer the petitioner, the learned counsel for the petitioner submits that the petitioner will be satisfied if a direction is issued to the second respondent to consider the representation of the petitioner, dated 20.04.2017 on merits, within the time stipulated by this Court.

5. Having regard to the limited scope of the prayer that is now sought before this Court by the learned counsel for the petitioner, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to issue the following direction:- "The second respondent is directed to consider the representation of the petitioner, dated 20.04.2017, and pass appropriate orders on merits and in accordance with law, within a period of three weeks from the date of receipt a copy of this order, preferably before 19.05.2017."

6. Accordingly, the Writ petition is disposed of. No costs. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Director of Elementary Education, D.P.I. Campus College Road, Chennai - 6.

2. The District Elementary Educational Officer, O/o. District Elementary Educational Office, Trichy District.

+1cc to M/s.S.ARIVALAGAN Advocate in SR. No.54867 PMU JS/RSK/9.05.2017/2P-4C ORDER MADE IN W.P.(MD).No.8413 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 28.04.2017