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Madras High CourtWP(MD)/18570/2020disposed of

P. Jeyarani v. The Secretary To The Govt.

2021-10-07Honourable Mr Justice D. Krishnakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.10.2021

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and W.M.P.(MD).Nos.15535 & 15536 of 2020 and 2980 & 2435 of 2021 P.Jeyarani ... Petitioner Vs.

1.The Secretary to the Government, Backward and Most Backward Class Welfare Department, Secretariat, Fort.St.George, Chennai.

2.The Director of Most Backward Classes and Denotified Communities Welfare, Ezhilagam, Chepauk, Chennai-5.

3.The Joint Director, Kallar Reclamation, Madurai-625 020.

4.V.Veeraselvi ... Respondents (R-2:

Amended the cause title vide order of this Court dated 18.12.2020 made in W.M.P.(MD).16009 of 2020 in W.P(MD).No.18570 of 2020) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the second respondent dated 20.11.2020 in PROC No.B2/1817/2019 and quash the same and consequently directing the second and third respondents to hand over the charge records and registers to the petitioner in the post of Hostel Warden, Government Kallar College Woman's Hostel, Moontrumavadi, Madurai as per the orders of the third respondent dated 27.07.2020 in Na.Ka.No.H10/14640/2020. For Petitioner : Mr.G.Kannan For M/s.Veera Associates For R-1 to R-3 : Mr.S.Shanmugavel, Standing Counsel.

For R-4 : Mr.G.Prabhu Rajadurai 1/4

ORDER

This Writ Petition has been filed, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the second respondent dated 20.11.2020 in PROC No.B2/1817/2019 and quash the same and consequently directing the second and third respondents to hand over the charge records and registers to the petitioner in the post of hostel warden, Government Kallar College Woman's Hostel, Moontrumavadi, Madurai as per the orders of the third respondent dated 27.07.2020 in Na.Ka.No.H10/14640/2020.

2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents 1 to 3.

3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

4. According to the petitioner, she was appointed as Secondary Grade Teacher in the 3rd respondent school and thereafter, she was promoted as B.T.Assistant and Hostel Warden and posted at Government Kallar School, Chennamanayakkanpatti, Dindigul District. By order, dated 27.07.2020 of the 3rd respondent, the petitioner was transferred to Government Kallam College Women's Hostel, Moontrumavadi, Madurai and on the same day, the 4th respondent was transferred to Vadakkampatti Government Kallar Hostel from the place where the petitioner was transferred. But the 4th respondent had not handed over the registers, records and the keys of the Hostel and not relieved from there and reported to join duty at the transferred place and not obeyed the transfer order passed by the 3rd respondent. In such circumstances, the petitioner made a representation to the 3rd respondent on 08.09.2020 requesting him to take necessary action. Since no action was forthcoming, the petitioner is before this Court.

5.A counter affidavit has been filed on behalf of the 3rd respondent, stating that the transfer order dated 27.07.2020 was passed by the then Joint Director during the Covid-19 pandemic circumstances, wherein all the schools and hostels were closed since the Government declared lockdown. Later, the 3rd respondent called for records pertaining to the transfer order and by order, dated 31.07.2020, the transfer order was ordered to be kept in abeyance and directed to maintain status quo. The petitioner has suppressed this fact and filed the writ petition, which is liable to be dismissed. It is further stated that later by order dated 20.11.2020, the 2nd respondent cancelled the transfer order of the petitioner.

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6.It is to be noted that though the 3rd respondent issued transfer order dated 27.07.2020, but it has not been given effect to since by the order dated 31.07.2020, 3rd respondent directed to kept the said transfer order in abeyance and to maintain status quo. This order was passed by the 3rd respondent taking note of the fact that it was passed by the then Joint Director contrary to the rules pertaining to the general transfers and also against the directives issued by the Government during Covid-19 pandemic situation. Later, by order dated 20.11.2020, the 2nd respondent cancelled the transfer order of the petitioner.

7. However, it is reported that now there is some progress and normalcy being taken place in respect of Covid-19 pandemic situation and the schools were reopened and the Government permitted the schools to conduct XI to XII Classes and further, the Government has also taken a decision to open the middle schools from 1st November onwards. In view of the subsequent development, now the transfer order passed by the 3rd respondent vis-a-vis the impugned order passed by the 2nd respondent and status quo order passed by the 3rd respondent are required to be reviewed and to reconsider the request of the petitioner.

8.Accordingly, the respondents are directed to review the transfer orders vis-a-vis status quo order and to reconsider the request of the petitioner and pass appropriate orders in accordance with law as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. 9.The Writ Petition is disposed of with the above direction. No costs. Consequently, connected WMPs are closed. Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) dn 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 Secretary to the Government, Backward and Most Backward Class Welfare Department, Secretariat, Fort.St.George, Chennai.

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2.The Director of Most Backward Classes and Denotified Communities Welfare, Ezhilagam, Chepauk, Chennai-5.

3.The Joint Director, Kallar Reclamation, Madurai-625 020.

+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-31881[F] dated 11/10/2021 ) +1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-31805[F] dated 08/10/2021 ) +1 CC to M/s.SPL.GP ( SR-31739[F] dated 08/10/2021 ) 07.10.2021 MGJ/PM(08.11.2021) 4P 7C 4/4