Stella M v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2021
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI & WMP(MD)No.18751 of 2021 M.Stella ... Petitioner Vs.
1.The Principal Secretary to Government, Department of School Education, Fort St. George, Secretariat, Chennai.
2.The Commissioner of School Education, 3.The State Project Director, Samagra Shiksha, D.P.I. Campus, Numgampakkam, 4.The Joint Director of School Education(Personnel), 5.The Chief Educational Officer, O/o.The Chief Educational Officer, Pudukottai District, Pudukottai.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to transfer the petitioner to any one of the places vacant in Bogalur and Kadaladi Block Resource Centres, Ramanathapuram District or any other Block Resource Centres in Ramanathapuram District which would be vacant in pursuance of the order passed by this Court in the batch of writ petitions made in W.P.No.16868 of 2021 and other connected batches by considering the representation of the petitioner dated 24.11.2021. 1/4
For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.S.Shaji Bino, Spl.GP
ORDER
Heard Mr.D.Shanmugaraja Sethupathi, learned counsel appearing for the petitioner and Mr.S.Shaji Bino, learned Special Government Pleader appearing for the respondents.
2.This Writ Petition has been filed seeking for issuance of a Mandamus, to direct the respondents to transfer the petitioner to any one of the places vacant in Bogalur and Kadaladi Block Resource Centres, Ramanathapuram District or any other Block Resource Centres in Ramanathapuram District which would be vacant in pursuance of the order passed by this Court in the batch of writ petitions made in W.P.No.16868 of 2021 and other connected batches by considering the representation of the petitioner dated 24.11.2021. 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, the 1st respondent has issued G.O.(1D) No.134, School Education Department dated 18.08.2021, framing guidelines for conducting transfer counselling and also conversion of Block Resource Teacher Educators (in short, 'BRTEs') to the Government High and Higher Secondary School. The grievance of the petitioner is that the respondents have not been properly following the procedure contemplated under the said G.O.Ms.No.134, dated 18.08.2021 and most of senior BRTEs including the petitioner have been deprived of getting places of their choice based on their seniority while the junior most BRTEs have been accommodated.
The petitioner pointed out that though he is senior BRTE in Ramanathapuram District and when he participated the counselling, there was no vacancy available since the respondents have not followed the guidelines, which led the petitioner getting transferred to Pudukottai District, which is situated 175 k.ms. away from his native District Paramakudi. In this regard, the petitioner made a representation dated 24.11.2021 to the respondents for consideration of his request to transfer him to any of the places vacant in Bogalur and Kadaladi Block Resource Centres, Ramanathapuram District or any other Block Resource Centres in Ramanathapuram District. Since no action is forthcoming despite his representation, the petitioner has come forward with the present Writ Petition.
5.When this Writ Petition is taken up for hearing, the learned counsel for the petitioner confined his relief that if his representation is considered on merits, it would be sufficient.
6. The learned Special Government Pleader appearing for the respondents would submit that if the representation made by the 2/4
petitioner is otherwise in order and pending with the respondents, the same would be considered and disposed of in accordance with law within a reasonable time as directed by this Court.
7. In view of the submissions made by the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents, without expressing any opinion on merits, this Court directs the respondents to consider the petitioner's representation dated 24.11.2021 and pass appropriate orders therein in accordance with law and on merits, within a period of four weeks from the date of receipt of a copy of this order.
8. With the above direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 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 Principal Secretary to Government, Department of School Education, Fort St. George, Secretariat, Chennai.
2.The Commissioner of School Education, 3.The State Project Director, Samagra Shiksha, D.P.I. Campus, Numgampakkam, 3/4
4.The Joint Director of School Education(Personnel), 5.The Chief Educational Officer, O/o.The Chief Educational Officer, Pudukottai District, Pudukottai.
+1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate ( SR-39101[F] dated 16/12/2021 ) +1 CC to M/s.SPL GP ( SR-39049[F] dated 16/12/2021 ) 15.12.2021 NSN(CO) GC(10.01.2022) 4P 8C 4/4