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Madras High CourtWP(MD)/25265/2019disposed of

S. Arockia Amutha Jayaseeli v. The Director Of School Education

2019-11-28Honourable Ms.Justice V.M.Velumani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI S.Arockia Amutha Jayaseeli ... Petitioner -Vs1.The Director of School Education, DPI Campus, College Road, Chennai.

2.The Chief Educational Officer, Ramanathapuram, Ramanathapuram District.

3.The District Educational Officer, Ramanathapuram, Ramanathapuram District.

4.The Block Educational Officer, Thiruvadanai Panchayat Union, Ramanthapuram.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second and third respondents to accommodate the petitioner as Secondary Grade Teacher in anyone of the vacancies available in Panchayat Union Middle School or Panchayat Union Primary School within the Thiruvadanai Educational Union by considering the representation dated 21.11.2019 given by the petitioner within the time limit fixed by this Court.

For Petitioner : Ms.D.Rukmani For Respondents : Mr.A.Thiyagarajan, Government Advocate.

ORDER

This Writ Petition is filed to direct the second and third respondents to accommodate the petitioner as Secondary Grade Teacher in anyone of the vacancies available in Panchayat Union Middle School or Panchayat Union Primary School within the Thiruvadanai Educational Union, by considering the representation dated 21.11.2019 given by the petitioner, within a time frame. 2.Mr.A.Thiyagarajan, learned Government Advocate takes notice on behalf of the respondents. By consent of both parties, this Writ 1/3

Petition is taken up for final disposal at the stage of admission itself.

3.According to the petitioner, she was appointed as Secondary Grade Teacher on 03.03.2008 at Panchayat Union Primary School, Pillaiyarrenthal, Tiruvadanai Taluk, Ramanathapuram District and her service was regularized with effect from 03.03.2010. Thereafter, she was transferred to various places. Finally, she was transferred to Panchayat Union Primary School, Pandukudi, Thiruvadanai Taluk, Ramanathapuram District. While being so, on 03.06.2019, she received relieving order from the third respondent transferring her to the Panchayat Union Middle School, Vellaiaypuram, for teaching L.K.G and U.K.G., classes with an assurance that the petitioner will be permitted to participate in the forthcoming general counseling for transfer and therefore, the petitioner joined in the said Anganwadi Centre.

Thereafter, she had been issued with a letter dated 01.07.2019, directing the petitioner to participate in the general counseling held on 20.11.2019 and she was also went for general counseling on the said date. However, the officials have not permitted the petitioner to participate in the general counseling for transfer stating that she has not completed three years in the Panchayat Union Middle School, Vellaiaypuram, which is contrary to the earlier assurance. Hence, the petitioner made a representation, dated 21.11.2019 to the respondents. However, till date, no order has been passed. Hence, the petitioner has come out with the present Writ Petition.

4.Considering the nature of relief sought for in the Writ Petition, this Court without going into the merits of the matter, directs the respondents to consider the representation of the petitioner dated 21.11.2019, on merits and pass appropriate orders, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (W) // True Copy // Sub Assistant Registrar(CS) gns To 1.The Director of School Education, DPI Campus, College Road, Chennai.

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2.The Chief Educational Officer, Ramanathapuram, Ramanathapuram District.

3.The District Educational Officer, Ramanathapuram, Ramanathapuram District.

4.The Block Educational Officer, Thiruvadanai Panchayat Union, Ramanthapuram.

+1CC TO MR.D.RUKMANI, ADVOCATE, SR NO.102931 +1CC TO M/S.SPECIAL GOVERNMENT PLEADER, SR NO.102829 W.P.(MD)No.25265 of 2019 28.11.2019 KK/SAR/02.01.2020/3P-7C/ 3/3