Research › Search › Judgment

Madras High Court · body

2010 DIGILAW 2625 (MAD)

B. N. ANUSUYA v. PRINCIPAL SECRETARY TO GOVT. SCHOOL EDUCATION DEPT. & OTHERS

2010-07-01

K.CHANDRU

body2010
Judgment :- The petitioner was working as a Secondary Grade Teacher in Panchayat Union Primary School at Kumlapuram (Kannada School) coming under Thalli Panchayat Union. The State Government issued a G.O.Ms.No.250, School Education Department dated 1.1.2009 creating a post of Headmaster in 94 Primary Schools. Therefore, the said Government Order came to be issued. Several Middle Schools were upgraded as High School during the year 2008-2009. On account of the same, the persons, who are holding the post of Headmasters were reverted to a lower post. Pursuant to the creation of new posts of Headmasters, the petitioner was also promoted as Headmistress. But, however, by an order dated 10.10.2009, she was also posted to work in Panchayat Union Middle School at Pilikkal (Kannada School) coming under the same Panchayat. The promotion and posting were passed in the very same order. 2. The grievance of the petitioner is that while she was entitled for promotion on account of the creation of new post, the question of transfer of the petitioner to some other school may not arise. It is wrong on the part of the respondents to bring in the 5th respondent to the petitioners school and disturb the petitioner from the existing school. Reliance was placed upon paragraphs 4 and 5 of the Government Order in G.O.Ms.No.250, School Education Department dated 1.1.2009. A perusal of the Government Order does not give interpretation, which the petitioner places. According to the petitioner, the Teacher in the very same school will have to be promoted to the post of Headmaster in that School itself and she cannot be sent to any other school. This Court is unable to see any such passage from the said order. Further, the petitioner has been promoted as a Headmistress. She is entitled to be posted to any other school in the same G.O. If one wants promotion but not the posting to some other school, it cannot be allowed. Such a Writ Petition is not maintainable. 3. Ms.E.Ranganyaki, the learned Government Advocate also states that pursuant to the impugned order, the petitioner has also joined in the promoted post at the new place. 4. In the light of the same, the Writ Petition stands dismissed. No costs. The connected Miscellaneous Petition stands closed.