Madras High CourtWP(MD)/18385/2020dismissed as infructuous

Poonguzhali v. The Joint Director

2021-02-03Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.18385 of 2020 & W.M.P.(MD) No.15364 of 2020 & W.P.(MD)No.6620 of 2020 & W.M.P.(MD) No.5973 of 2020 (Through Video Conference) Poonguzhali ... Petitioner in both W.P's Vs

1. The Joint Director, (Personnel), School Education Department, DPI Complex, Chennai 600 006

2. The Chief Educational Officer, Thanjavur District, Thanjavur.

3. The District Educational Officer, Kumbakonam Education Department, Kumbakonam, Thanjavur District.

4. The Additional Project Officer, Thanjavur District, Membalam, Thanjavur ... Respondents in both W.P's PRAYER in W.P.(MD) No.18385 of 2020: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 2nd respondent by his proceedings in Na.Ka.No.424/C2/O.Pa.Ka.2020, dated 13.10.2020 and quash the same and consequently direct the 2nd respondent to hand over the charge to the petitioner.

PRAYER in W.P.(MD) No.6620 of 2020: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records of the impugned order passed by the 1st respondent by his proceedings in Na.Ka.No.9874/C4/A1/2020, dated 27.05.2020 and quash the same.

In both W.P's:

For Petitioner : Mr.G.Karnan For Respondents : Mr.A.Thiyagarajan, Government Advocate C O M M O N O R D E R Since the issue involved in both the writ petitions are one and the same, they are disposed of by this common order.

2. The petitioner herein, is aggrieved against the impugned 1/3

order of transfer dated 27.05.2020 where, she was transferred from Papanasam, Thanjavur District to Thalaignairu, Nagapattinam District. Pursuant to the interim orders of this Court, it is stated that the petitioner herein continued to work at Papanasam, Thanjavur District. Though the petitioner had sought for quashing the transfer order dated 27.05.2020, the learned counsel for the petitioner would submit that, there is a vacancy in Valangaiman, Thiruvarur District to which place, the petitioner is willing to be transferred.

3. Mr.A.Thiyagarajan, learned Additional Government Pleader appearing for the respondents, on instructions submitted that, the petitioner's request will be considered favourably and that she will be transferred to Valangaiman, Thiruvarur District, after obtaining appropriate orders.

4. In this connection, the second respondent is called upon to consider the petitioner's representation dated 05.11.2020 in line with the submissions made by the learned Additional Government Pleader and pass appropriate posting orders atleast within a period of four weeks from the date of receipt of a copy of this order.

5. Accordingly, the writ petition in W.P.(MD) No.6620 of 2020 stands ordered accordingly. However, there shall be no order as to costs. Consequently, connected W.M.P.(MD) No.5973 of 2020 is closed.

6. In view of the order passed in W.P.(MD) No.6620 of 2020, no effective orders can be passed in W.P.(MD) No.18385 of 2020, wherein the respondents have passed orders granting additional incharge in the place where the petitioner was originally transferred.

7. Accordingly, W.P.(MD) No.18385 of 2020 is dismissed as infructuous. However, there shall be no order as to costs. Consequently, connected W.M.P.(MD) No.15364 of 2020 is closed. Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) 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. 2/3

To:

1. The Joint Director, (Personnel), School Education Department, DPI Complex, Chennai 600 006

2. The Chief Educational Officer, Thanjavur District, Thanjavur.

3. The District Educational Officer, Kumbakonam Education Department, Kumbakonam, Thanjavur District.

4. The Additional Project Officer, Thanjavur District, Membalam, Thanjavur +1 CC to M/s.GP ( SR-3312[F] dated 04/02/2021 ) W.P.(MD)No.18385 & 6620 of 2020 03.02.2021 NA(CO) KB(10.03.2021) 3P 6C 3/3