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Madras High CourtWP(MD)/8944/2017disposed of

S.Angayarkanni v. The State Of Tamil Nadu

2021-03-05Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD).No.6835 of 2017 S.Angayarkanni ... Petitioner Vs.

1.The State of Tamil Nadu represented by its Principal Secretary, Department of School Education, Fort St. George, Chennai -09.

2.The Director of Elementary Education, Chennai 06.

3.The District Elementary Educational Officer, Virudhunagar, Virudhunagar District.

... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to transfer the petitioner to the available vacant post of Secondary Grade Teacher within Kariapatti Union in Virudhunagar District ahead of the regular deployment transfer and transfer for the year 2017-2018 within the union/ district within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.C.M.Marichelliah Prabhu Additional Government Pleader

O R D E R

This writ petition has been filed for a direction to the second respondent to transfer the petitioner to the available vacant post of Secondary Grade Teacher within Kariapatti Union in Virudhunagar District.

2. The case of the petitioner is that she was appointed as a Secondary Grade Teacher at Kariapatti Union, Virudhunagar District 1/3

in the year1995 and her native place is Kariaptti Village. Thereafter, she got married and on her request, she was transferred to her husband's native place ie., Vellore District. While she was working at Vellore District, her husband passed away, leaving behind the petitioner as well as her ten years old daughter. Hence, again, the petitioner has made a representation before the second respondent, on 26.04.2017 for transfer her native place. But, till date the same was not considered. Hence, the petitioner has approached this Court by filing this writ petition.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the second respondent is directed to dispose of the representation of the petitioner, dated 26.04.2017, on merits and in accordance with law, within a specified period.

4. The learned Additional Government Pleader appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the petitioner's representation, dated 26.04.2017, in the light of G.O.(Ms.)No.256, dated 19.04.2017 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) AKV To 1.The Principal Secretary, Government of Tamil Nadu, Department of School Education, Fort St. George, Chennai-600 009.

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2.The Director of Elementary Education, Chennai 06.

3.The District Elementary Educational Officer, Virudhunagar, Virudhunagar District.

+1 CC to THE SPECIAL GOVERNMENT PLEADER(SR-9496[F] dated 08/03/2021) +1 CC to Mr.T.LAJAPATHI ROY, Advocate (SR-9647[F] dated 09/03/2021 ) Order made in W.P.(MD)No.8944 of 2017 and W.M.P.(MD).No.6835 of 2017 05.03.2021 SSS(CO) SRS (19/03/2021) 3P : 6C 3/3