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Madras High CourtWP(MD)/24259/2019disposed of

I.Immanuel Thayunanthan v. The Chief Educational Officer

2019-11-18Honourable Ms.Justice V.M.Velumani2 pages

W.P.(MD) No.24259, 24261 and 24262 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.24259, 24261 and 24262 of 2019 and W.M.P.(MD)Nos.20866, 20867 and 20870 of 2019 I.Immanuel Thayananthan ... Petitioner in W.P.(MD) No.24259 of 2019 P.Virgin ... Petitioner in W.P.(MD)No.24261 of 2019 P.Ramalakshmi ... Petitioner in W.P.(MD)No.24262 of 2019 -Vs1.The Chief Educational Officer, Thoothukudi.

2.The District Educational Officer, Thiruchendur, Thoothukudi District.

3.The Block Educational Officer, Udangudi, Thoothukudi District.

... Respondents in all Writ Petitions.

COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to accept the petitioners' request to participate in the transfer counselling for the post of Secondary Grade Teacher within the third respondent union for the academic year 2019-2020. For Petitioner : Mr.V.Panneer Selvam (in all Writ Petitions) For Respondents : Mr.M.Karuppasamy, Government Advocate.

(in all Writ Petitions) COMMON ORDER These Writ Petitions are filed to direct the respondents to accept the petitioners' request to participate in the transfer counselling for the post of Secondary Grade Teacher, within the third respondent union for the academic year 2019-2020. 2.Mr.M.Karuppasamy, learned Government Advocate takes notice on behalf of the respondents. By consent of both parties, these Writ Petitions are taken up for final disposal at the stage of admission itself.

3.The petitioners, while working as Secondary Grade Teachers in Udangudi Union, were deployed to other Union on the ground that they are surplus teachers. The petitioners are seniors in the Union seniority list. Instead of deploying the juniors, the petitioners https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.24259, 24261 and 24262 of 2019 were deployed, by order dated 30.08.2019. The petitioners filed W.P.(MD)Nos.19632, 19646 and 19795 of 2019. This Court has granted interim stay in that Writ Petitions. In view of the interim stay granted by this Court, the petitioners are continuing in the same Union. Now, there are three vacancies in the Udangudi Union. Therefore, the petitioners gave representations dated 11.11.2019 to consider their deployment order dated 30.08.2019 and post them in the said vacancies by permitting them to participate in the general transfer counselling. However, the same have not been considered, so far. Hence, the petitioners have come out with the present Writ Petitions.

4.Considering the above materials and the pendency of the Writ Petitions in W.P.(MD)Nos.19632, 19646 and 19795 of 2019 filed by the petitioners, challenging the order of deployment dated 30.08.2019, the respondents are directed to permit the petitioners to participate in the general transfer counselling to be held on 20.11.2019 and consider their representations dated 11.11.2019, on merits and pass orders in accordance with law, subject to the result of the Writ Petitions in W.P.(MD)Nos.19632, 19646 and 19795 of 2019. 5.With the above direction, these Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) Myr To 1.The Chief Educational Officer, Thoothukudi.

2.The District Educational Officer, Thiruchendur, Thoothukudi District.

3.The Block Educational Officer, Udangudi, Thoothukudi District.

+3 CC to M/s.V.PANNEER SELVAM, Advocate ( SR-99224[F] dated 18/11/2019 ),99227,99226 W.P.(MD)Nos.24259, 24261 and 24262 of 18.11.2019 KK/SAR/18.11.2019/2P-7C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2