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Madras High CourtWP(MD)/17269/2021disposed of

Umadevi. S v. The Principal Secretary To The Government

2021-09-23Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR and W.M.P.(MD) Nos.14129 & 14130 of 2021 Mrs.S.Umadevi, D/o.K.S.Surulivel, Block Education Officer, Kundrandarkovil Block, Pudukkottai District.

... Petitioner Vs.

1.The Principal Secretary to the Government, School Education Department, Fort St. George, Chennai - 9.

2.The Commissioner of School Education, DPI Campus, Chennai - 6.

3.The Director of Elementary Education, DPI Compound, College Road, Chennai - 600 006.

4.The Chief Educational Officer, O/o. the Chief Educational Officer, Pudukkottai District.

5.The District Educational Officer, O/o. the District Educational Officer, Ilupur, Pudukkottai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order in Na.Ka.No.3850/A2/2021 dated 11.08.2021 on the file of the Respondent No.4 and quash the same as illegal and consequently for a direction, directing the Respondent No.4 to recall the transfer order on deputation and permit the Petitioner to join duty in the post of Block Educational Officer at Kundrandarkovil Block, Pudukkottai District within the time period stipulated by this Court. For Petitioner :

Mr.T.Lajapathi Roy For Respondents :

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

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O R D E R

This Writ Petition is filed for the issue of a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order in Na.Ka.No.3850/A2/2021 dated 11.08.2021 on the file of the fourth respondent and quash the same as illegal and consequently for a direction, directing the fourth respondent to recall the transfer order on deputation and permit the Petitioner to join duty in the post of Block Educational Officer at Kundrandarkovil Block, Pudukkottai District.

2. According to the petitioner, the respondent has passed the impugned transfer order dated 11.08.2021 transferring the petitioner on deputation from Viralimalai Block. Thereafter, the petitioner made a representation on 12.08.2021 to the respondents seeking for reconsideration of the aforesaid transfer order passed by the fourth respondent. However, so far no order has been passed. Hence the petitioner has filed the present writ petition before this Court.

3. According to the learned Counsel for the petitioner, it would be suffice to direct the fourth respondent, the Chief Educational officer, to consider his representation and to pass appropriate orders within a stipulated time fixed by this Court.

4. Considering the limited scope of prayer made in the writ petition and considering the submissions made by the counsel for the parties concerned, without going into the merits of the case, this Court is inclined to direct the fourth respondent to consider the petitioner's representation dated 12.08.2021 on its own merits and in accordance with law and pass orders as expeditiously as possible within the period of eight (8) weeks from the date of receipt of a copy of this order.

5. With the above directions, the Writ Petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar (Crl side) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr/btr 2/3

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 Principal Secretary to the Government, School Education Department, Fort St. George, Chennai - 9.

2.The Commissioner of School Education, DPI Campus, Chennai - 6.

3.The Director of Elementary Education, DPI Compound, College Road, Chennai - 600 006.

4.The Chief Educational Officer, O/o. the Chief Educational Officer, Pudukkottai District.

5.The District Educational Officer, O/o. the District Educational Officer, Ilupur, Pudukkottai District.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate (SR-30116[F]dated 24/09/2021) +1 CC to M/s.SPL. GP ( SR-30137[F] dated 24/09/2021 ) W.P.(MD).No.17269 of 2021 and W.M.P.(MD) Nos.14129 & 14130 of 2021 23.09.2021 RK (06.10.2021) 3P 8C 3/3