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Madras High CourtWP(MD)/24357/2019disposed of

S.V.Kumar v. The Chief Educational Officer

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

W.P.(MD) No.24357 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.24357 of 2019 and W.M.P.(MD)No.20988 of 2019 S.V.Kumar ... Petitioner -Vs1.The Chief Educational Officer, Thoothukudi.

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

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to accept the petitioner's 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 For Respondents : Mrs.S.Srimathy, Special Government Pleader.

ORDER

This Writ Petition is filed to direct the respondents to accept the petitioner's 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.Mrs.S.Srimathy, learned Special Government Pleader 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 petitioner, while working as Secondary Grade Teachers in Kovilpatti Union, was deployed to other Union on the ground that he is surplus teacher. The petitioner is senior in the Union seniority list. Instead of deploying the juniors, the petitioner was deployed, by order dated 30.08.2019. The petitioner has filed W.P.(MD)No.20187 of 2019. This Court has granted interim stay in that Writ Petitions. In view of the interim stay granted by this Court, the petitioner is continuing in the same Union. Now, there are two vacancies in the Kovilpatti Union. Therefore, the petitioner have representation dated 13.11.2019 to consider his deployment order dated 30.08.2019 and post him in the said vacancies https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.24357 of 2019 by permitting him to participate in the general transfer counselling. However, the same has not been considered so far. Hence, the petitioner has come out with the present Writ Petition. 4.Considering the above materials and the pendency of the Writ Petition in W.P.(MD)No.20187 of 2019 filed by the petitioner, challenging the order of deployment dated 30.08.2019, the respondents are directed to permit the petitioner to participate in the general transfer counselling to be held on 20.11.2019 and consider their representations dated 13.11.2019, on merits and pass orders in accordance with law, subject to the result of the Writ Petition in W.P.(MD)No.20187 of 2019 5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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

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

3.The Block Educational Officer, Kovilpatti Union, Thoothukudi District.

+ 1CC TO MR.V.PANNEER SELVAM, ADVOCATE, SR.NO.19897 W.P.(MD)No.24357 of 2019 18.11.2019 KK/SAR/18.11.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2