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2010 DIGILAW 4584 (MAD)

R. Dhanalakshmi v. The Director of Elementary Education DPI Compound, Chennai

2010-10-18

FAKKIR MOHAMED IBRAHIM KALIFULLA

body2010
Judgment :- 1. In all these writ petitions, the challenge is to the proceedings of the first respondent dated 11.06.2007 in Na.Ka.No.16170/D3/2007. The very same impugned order came up for consideration in W.P.No.22326 of 2007. By order dated 10.04.2008, the correctness of the above impugned order was examined and in paragraph No.6 and 7 of the said order, it has been held as under: "6. In the case of the petitioner though the initial appointment of the petitioner was in her native district of Tirunelveli but in a different Panchayat Union viz., Sanikaran Koil Panchayat Union and for the first time she has got a transfer to different union of the very same district viz., Vasudevanallur Union, having regard to the provisions contained in G.O.Ms.No.388, dated 19.06.1996 and also the proceedings of the first respondent dated 10.03.2000 and 4.10.2001, such a transfer will not in any way affect the retention of her original seniority that was assigned to her in the selection of the year 1995 by the Teachers Recruitment Board. When the said position can be thus clarified the impugned proceedings shall not in any way affect the right of the petitioner for retention of such seniority originally assigned to her. 7. As the petitioners right for retention of her seniority is thus declared by applying the above referred two proceedings, the impugned proceedings dated 11.06.2007 cannot be applied to the case of the petitioner. The writ petitioner is therefore allowed and the Impugned proceedings are hereby set aside in so far as the petitioner is concerned. Connected M.Ps. are closed." 2. The said order was subsequently followed in another batch of writ petitions connected with W.P.Nos.21960 of 2007 etc. dated 07.11.2008. Following the above referred two orders and since the challenge is to the very same impugned order, the declaration made in W.P.No.22326 of 2007 dated 10.04.2008 shall hold good and the very same relief granted in paragraph Nos.6 and 7 are extended to the case of the petitioners in the present writ petitions. These writ petitions therefore, stand allowed and the impugned proceedings are hereby set aside in so far as the petitioners are concerned. These writ petitions therefore, stand allowed and the impugned proceedings are hereby set aside in so far as the petitioners are concerned. It is needless to state that in order to avail the benefit granted in the above earlier orders, the petitioners will have to satisfy the conditions stipulated in G.O.Ms.No.388 dated 19.06.1996 and the authority will be competent to pass orders on fulfillment of the conditions stipulated therein and in accordance with the earlier orders of this Court referred to above. No costs. Consequently, connected miscellaneous petitions are closed.