V.Chandiya v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI V.Chandiya ... Appellant/Writ Petitioner Vs.

1.The Secretary, State Government of Tamil Nadu, Department of School Education, Secretariat, Fort St. George, Chennai - 600 009.

2.The Director of School Education, Directorate of School Education, College Road, Chennai - 600 006.

3.The Chief Educational Officer, Dindigul, Dindigul District.

... Respondents/Respondents Prayer : Appeal filed under Clause 15 of the Letters Patent Act against the order passed by this Court in W.P.(MD)No.9888 of 2020, dated 24.08.2020.

Prayer in WP(MD). 9888 of 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus or any other order or direction in the nature of Writ, directing the Respondent No.2 to consider the petitioner for transfer and posting as the Block Educational Officer at Gobichettipalayam Block in Erode Dt by taking note of the fact of not conducting the regular transfer counseling for the category of Block Educational Officer in the academic year 2019-2020 as per schedule.

For Appellant : Mr.S.Louis For Respondents : Mrs.S.Srimathy Special Government Pleader * * * * * 1/3

J U D G M E N T

(Judgment of the Court was delivered by M.M.SUNDRESH, J) Learned counsel appearing for the appellant submitted that after the order passed by the learned Single Judge in W.P.(MD) No.9888 of 2020, another representation has been made by the petitioner to respondent No.3 on 28.11.2020, which can be directed to be considered.

2.Mrs.S.Srimathy, learned Special Government Pleader, who takes notice on behalf of the respondents, on instructions submitted that the representation of the appellant, dated 28.11.2020, shall be considered by respondent No.2.

3.In such view of the matter, respondent No.3 is directed to forward the representation of the appellant, dated 28.11.2020, within four weeks from the date of receipt of a copy of this judgment and on receipt of the said communication, enclosing the copy of the representation made by the appellant, respondent No.2 shall consider the same and pass orders on merits and in accordance with law within six weeks therefrom.

4.The Writ Appeal is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CRL SIDE) // True Copy // / /2021 Sub Assistant Registrar(CS) sj 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, State Government of Tamil Nadu, Department of School Education, Secretariat, Fort St. George, Chennai - 600 009. 2.The Director of School Education, Directorate of School Education, College Road, Chennai - 600 006.

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3.The Chief Educational Officer, Dindigul, Dindigul District.

+1 CC to M/s.S.LOUIS, Advocate ( SR-144[F] dated 05/01/2021 ) +1 CC to M/s.GP ( SR-248[F] dated 06/01/2021 ) 04.01.2021 SV2(CO) TR(19.01.2021) 3P 6C 3/3