S. Ashok Kumar v. State of Tamil Nadu Rep. by its Secretary Department of School Education
2015-08-06
T.RAJA
body2015
DigiLaw.ai
ORDER 1. The petitioner S. Ashok Kumar is seeking a Mandamus directing the respondents to transfer and accommodate the petitioner as Headmaster in any one of the vacanavailable in the Government High School, C. Kunnathur, Madurai District and the Government High School, Sakimangalam, Mayandi patty, Madurai District by way of transfer from the Government High School, Vallappan patty, Virudhunagar District. 2. Mr. V. Pandi, learned Government Advocate takes notice for the respondents. 3. By consent, this Writ Petition is taken up for final disposal at the admission stage itself. 4. It is stated that initially, the petitioner was appointed as BT Assistant in the Government High School, Perumathur, Pudukkottai District on 26.07.1996. Then, he was transferred to the Government High School, Ellumalai, Madurai District on 09.06.1998. Again, he was transferred to Government Boy's High School, Pearaiyoor, Madurai District on 29.06.2001. After ten years, he was promoted as Headmaster and posted in the Government High School, Manthoppu, Virudhunagar District on 01.11.2011. Again, he was transferred as Block Resource Centre (BRC) Supervisor and posted as Kallikudi, Madurai District on 26.06.2012. Once again, due to want of vacancy, the petitioner was transferred and posted as Headmaster in Government High School, Sevvoor, Ramanathapuram vide proceedings of the second respondent, the Director of School Education in Na. Ka. No. 42001 C.1/E1/2013 dated 14.12.2013 and he also joined the said place on the same day. Further, it is stated that the first respondent issued Transfer Guidelines for the academic year 2014-2015 under G.O.Ms. (1D) No. 137, School Education (Pa.Ka.5(1) Department) dated 09.06.2014 making declaration that the persons who were transferred from the post of Block Resource Centre Supervisor to Headmaster in High School/PG Assistant in the academic year 2013-2014 due to the upgradation of the Government High School into the Government Higher Secondary School should be given preference in the transfer before the General Counselling. Therefore, the petitioner submitted an application to the third respondent, the District Educational Officer on 11.06.2014 requesting for transfer to the Government High School in the Madurai District, but there was no response. Further, it is stated that as per G.O.Ms. (1D) No. 137, the Director ought to have conducted the special counselling for the candidates, who were transferred in the academic year 2013-2014. But they have violated the guidelines mentioned in the G.O.Ms. (1D) No. 137 on the ground that there is no vacancy available in Madurai District.
Further, it is stated that as per G.O.Ms. (1D) No. 137, the Director ought to have conducted the special counselling for the candidates, who were transferred in the academic year 2013-2014. But they have violated the guidelines mentioned in the G.O.Ms. (1D) No. 137 on the ground that there is no vacancy available in Madurai District. Thereafter, the petitioner made representations to the second respondent, the Director of School Educational on 09.12.2014 and 18.03.2015 requesting them to accommodate him as a Headmaster in any other school, in Madurai District, but there is no response. Hence, the petitioner has come before this Court for the above said relief. 5. The learned counsel appearing for the petitioner would submit that it would be suffice if the representations of the petitioner are disposed of, by the second and fourth respondents, in the light of G.O.Ms. (1D) No. 137, School Education (Pa.Ka.5(1) Department) dated 09.06.2014, within the time stipulated by this Court. 6. The learned Government Advocate appearing for the respondents would submit that the representations of the petitioner will be considered in accordance with law. 7. Considering the above said submissions and also considering the limited scope of the prayer, without going into the merits of the claim made by the petitioner in this Writ Petition, the and respondents are hereby directed to consider the representations of the petitioner, dated 09.12.2014 and 18.03.2015, in the light of G.O.Ms. (1D) No. 137, School Education (Pa.Ka.5(1) Department) dated 09.06.2014, as expeditiously as possible. 8. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.