Madras High Court
P.Vimala vs The Additional Secretary To Government on 6 July, 2021
Author: S.S.Sundar
Bench: S.S.Sundar
W.P.No 13845 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.07.2021 CORAM:
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No. 13845 of 2021 P.Vimala .. Petitioner Versus
1.The Additional Secretary to Government, Education Department, Secretariat, Fort Saint George, Chennai – 600 009.
2.The Directorate of Elementary Education, College Road, Chennai.
3.The Chief Educational Officer, Dharmapuri District.
4.The District Educational Officer, Palacode, Dharmapuri District.
5.The Block Educational Officer, Karimangalam Union, Dharmapuri District. .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to modify the transfer by deployment in Na.Ka.No.44/A2/2019 dated 13.01.2020 as regular transfer, pursuant to the representation dated 30.03.2021.
https://www.mhc.tn.gov.in/judis/ 1/4 W.P.No 13845 of 2021 For Petitioner : Mr. J.Pradeep For Respondents : Mr. C.Kathiravan Government Advocate O RD E R With the consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.
2. This writ petition is filed for issuing a writ of mandamus directing the respondents to modify the transfer by deployment in Na.Ka.No.44/A2/2019 dated 13.01.2020 as regular transfer, pursuant to the representation dated 30.03.2021.
3. The case of the petitioner is that while she was working as Head Mistress in the Panchayat Union Middle School, Sokkanahalli, Karimangalam Union, Dharmapuri District, the fifth respondent passed an order deploying the petitioner on deputation to Panchayat Union Middle School, Kamaraj Nagar, Karimangalam Union, Dharmapuri District. It is the case of the petitioner that though the petitioner gave consent for mutual transfer, the fifth respondent by order dated 13.01.2020 deployed the petitioner by deputation. It is also the case of the petitioner that the petitioner is unable to do regular administrative work efficiently and that therefore she made a representation to the respondents to https://www.mhc.tn.gov.in/judis/ 2/4 W.P.No 13845 of 2021 modify the order of transfer to be a regular transfer. Learned counsel appearing for the petitioner states that the petitioner will be satisfied if a direction is issued to the fifth respondent to consider and dispose of the petitioner's representation dated 30.03.2021.
4. Having regard to the limited scope of prayer that is now sought before this Court by the learned counsel for the petitioner, without expressing any opinion on the merits of the petitioner's representation or the case pleaded before this Court, this writ petition is disposed of with a direction to the fifth respondent to consider the petitioner's representation dated 30.03.2020, and dispose of the same on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.
06.07.2021 Index:Yes / No Speaking order / Non speaking order bkn https://www.mhc.tn.gov.in/judis/ 3/4 W.P.No 13845 of 2021 S.S.SUNDAR. J., bkn To
1.The Additional Secretary to Government, Education Department, Secretariat, Fort Saint George, Chennai – 600 009.
2.The Directorate of Elementary Education, College Road, Chennai.
3.The Chief Educational Officer, Dharmapuri District.
4.The District Educational Officer, Palacode, Dharmapuri District.
5.The Block Educational Officer, Karimangalam Union, Dharmapuri District.
W.P. No. 13845 of 2021
06.07.2021 https://www.mhc.tn.gov.in/judis/ 4/4