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Madras High CourtWP(MD)/20039/2019disposed of

R.Rosemary v. The Director Of Elementary School Education

2019-09-18Honourable Ms.Justice V.M.Velumani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI R.Rosemary ... Petitioner vs.

1.The Director of Elementary School Education, DPI Campus, College Road, Nungambakkam, Chennai.

2.The Chief Educational Officer, Kanyakumari District, Nagercoil.

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

4.The Assistant Elementary Education Officer, Tirunelveli District, Tiruenlveli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the first respondent to consider the representation of the petitioner, dated 28.08.2019 and direct the first respondent to transfer her and to accommodate her as Elementary School Teacher in any one of the existing vacancies in the Middle School Teacher in any one of the existing vacancies in the Middle Schools at Kanyakumari District which are Government Middle School, Uthachikottai, Kanyakumari District, Government Middle School, Munchirai, Kanyakumari District and Government Middle School, Eludhesapattu, Kanyakumari District. For Petitioner : Mr.M.R.Sreenivasan For Respondents : Mr.A.Thiyagarajan, Government Advocate.

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ORDER

This writ petition is filed seeking for a Writ of Mandamus, to direct the first respondent to consider the representation of the petitioner, dated 28.08.2019 and further to direct the first respondent to transfer and accommodate her as Elementary School Teacher in any one of the existing vacancies.

2. Mr.A.Thiyagarajan, learned Government Advocate accepts notice on behalf of the respondents.

3. By consent of both parties, the main Writ Petition is taken up for final disposal at the stage of admission itself.

4. According to the petitioner, she was appointed as an Elementary School Teacher on 11.10.1999 at Bikkanahalli Panchayat Union Primary School, Dharmapuri District and after subsequent transfers, she is now working in Panchayat Union Primary School, Vilvanam Pudur, Valliyoor Union, Seranmadevi, Tirunelveli District. Due to long travel from her native place to the School and also due to family circumstances, the petitioner sent a representation dated 28.08.2019 to the respondents to transfer her from Tirunelveli District to Kanyakumari District. Since the same has not been considered so far by the respondents, the petitioner has filed the present Writ Petition.

5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 6.Considering the limited scope of the prayer made in the Writ Petition and also considering the nature of the relief sought for by the petitioner, without going into the merits of the matter, this Court directs the respondents to consider the representation of the petitioner, dated 28.08.2019 and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS ) 2/3

To 1.The Director of Elementary School Education, DPI Campus, College Road, Nungambakkam, Chennai.

2.The Chief Educational Officer, Kanyakumari District, Nagercoil.

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

4.The Assistant Elementary Education Officer, Tirunelveli District, Tiruenlveli.

+1 CC to M/s.M.R.SREENIVASAN, Advocate SR-87382. +1 CC to SPL GP SR-87976.

18.09.2019 CS(03.10.2019) 3P 7C 3/3