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Madras High CourtWP(MD)/16988/2021disposed of

Vijayakumari.M v. The Commissioner Of School Education

2021-09-21Honourable Mr Justice D. Krishnakumar2 pages

W.P(MD) No.16988 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P(MD) No.16988 of 2021 M.Vijayakumari ... Petitioner Vs.

1.The Commissioner of School Education, Chennai - 6.

2.The Joint Director of School Education (Personnel), Chennai - 6.

3.The Chief Educational Officer, Dindigul District.

4.The Chief Educational Officer, Kanniyakumari District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, directing the respondents to transfer the petitioner to any one of the vacancies in kanniyakumari District by considering the petitioner's application dated 09.08.2021.

For Petitioner :

Mr.V.Panneer Selvam For Respondents :

Mr.A.K.Manikkam, Standing Counsel for State.

O R D E R

Mr.A.K.Manikkam, learned Standing counsel for State takes notice on behalf of the respondents.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, she was appointed as B.T.Assistant (Maths) through Teachers Recruitment Board on 14.03.2006 and posted at Government High School, Ambalavayal, Nilgiri District. Thereafter, in the year 2008, she was transferred to Nehruji Government Higher Secondary School, Idayakottai, Dindigul District. Till today, she is continuing in the same school for more than 12 years. According to the petitioner, vacancies are available in Kanyakumari District. Since the native place of the petitioner is Kanyakumari District and her husband is also working at Nagercoil, she made a representation to the respondent on 09.08.2021, seeking https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD) No.16988 of 2021 to transfer in any one of the vacancies in Kanyakumari District. However, no order has been passed by the respondents till date. Hence, the petitioner has filed this Writ Petition.

4. The learned Standing Counsel for State appearing for the respondents submitted that the petitioner's representation will be considered subject to the transfer policy of the Government.

5. Considering the facts and circumstances of the case, this Court without expressing any opinion on the merits of the matter, directs the second respondent to consider the petitioner's representation dated 09.08.2021, on its own merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm/btr Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Commissioner of School Education, Chennai - 6.

2.The Joint Director of School Education (Personnel), Chennai - 6.

3.The Chief Educational Officer, Dindigul District.

4.The Chief Educational Officer, Kanniyakumari District.

+1 CC to M/s.V.PANNEER SELVAM, Advocate(SR-29826[F] dated 21/09/2021) +1 CC to M/s.SPL.GP ( SR-29838[F] dated 22/09/2021 ) W.P(MD) No.16988 of 2021 21.09.2021 RK (30.09.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2