Banumathi, v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.(MD).No.11845 & 11846 of 2018 Banumathi

...Petitioner

Vs.

1.The State of Tamil Nadu represented by its Secretary, Department of School Education, Secretariat, Fort St. George, Chennai - 9.

2.The Director of Elementary Education, DPI Campus, Chennai - 6.

3.The District Educational Officer, Thirumangalam, Madurai District.

4.The Block Educational Officer, Kallikudi, Thirumangalam, Madurai District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records pertaining to the order passed by the 3rd respondent in his proceedings in Na.Ka.2091/A2/2018, dated 12.06.2018 and quash the same as illegal.

For Petitioner : Mr.S.Louis For Respondents : Mr.A.Thiyagarajan Government Advocate

O R D E R

Heard Mr.Louis, learned counsel appearing for the petitioner and Mr.A.Thiyagarajan, learned Government Advocate, appearing for the respondents.

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2.The petitioner's transfer order dated 12.06.2018, is put under challenge in the present writ petition. As per the transfer order, the petitioner, who is a B.T.Assistant, had indulged in certain conduct, which is unsuitable for the post. 3.The learned Government Advocate, on instructions submitted that the petitioner has now been retained in the same Panchayat Union Middle School at Ma.Pudupatti of Kallikudi Union. It is his further submission that the respondents do not intend to transfer the petitioner once again. However, if the petitioner indulges in any such conduct, which is not suitable for the post, the respondents may be at liberty to take further course of action against the petitioner.

4.It is needless to point out that the post of B.T.Assistant requires the concerned teacher to act in utmost faith and respect for the entire Education Department and that any act of mis conduct will entitle the concerned Educational Authorities to initiate action against such teacher.

5.With such observation, the writ petition stands closed, in view of the submission of the learned Government Advocate that the school does not intend to transfer the petitioner, pursuant to the impugned order. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(AE) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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.

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To 1.The Secretary, State of Tamil Nadu, Department of School Education,Secretariat, Fort St. George, Chennai - 9.

2.The Director of Elementary Education, DPI Campus, Chennai - 6. 3.The District Educational Officer,Thirumangalam, Madurai District.

4.The Block Educational Officer, Kallikudi, Thirumangalam, Madurai District.

+1 CC to M/s.GP ( SR-2867[F] dated 02/02/2021 ) 01.02.2021 NA(CO) TR(11.02.2021) 3P 6C 3/3