JUDGMENT : Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to forbear the respondents from filling up the existing vacancies in the post of High School Headmasters throughout the State by way of conducting general promotion counselling without conducting general transfer counselling in violation of the Transfer Guidelines issued in the previous years in Government Order in G.O.(1D).256, dated 19.04.2017, G.O,(1D).NO.403, dated 02.06.2018, G.O.Ms.No.218, dated 20.06.2019. 1. Heard the respective learned counsels appearing for the petitioners and the learned Additional Advocate General appearing for the respondents. 2. The short point that arises for consideration in the present Writ Petitions is as to whether the respondents are justified in filling up the existing vacancies for the post of High School Headmasters / Middle School Headmasters / Block Educational Officers, through promotion counselling, without conducting the general transfer counselling for the year 2020-2021? 3. The predominant contention of the learned counsels appearing for the petitioners is that the decision of the respondents in conducting the promotion counselling, without conducting the general transfer counselling for the year 2020-2021, is unlawful and arbitrary. Such a stand is taken in view of the pre-existing practice of the respondents in conducting the general transfer counselling, prior to the promotion counselling, for the years 2017-2018, 2018-2019 and 2019-2020, by issuance of the Government Orders. Their apprehension is that, if the promotion counselling is permitted prior to the conduct of general transfer, the juniors to the petitioners, who are anticipating their respective transfers through counselling, would be deprived of choosing a place of their respective choices. 4. The learned Additional Advocate General appearing for the respondents would defend the action of the respondents by placing reliance on G.O.Ms.No.248, Finance (CMPC) Department, dated 20.05.2020 and G.O.Ms.No.249, Finance (Budget General-I) Department dated 21.05.2020 and submitted that consequent to the preventive measures adopted to curtail the spread of COVID-19 Virus, the general transfers were ordered to be kept on hold for the year 2020-2021 and also as an economic measure and for resource mobilization efforts to save the revenue. The learned Additional Advocate General further submitted that if the promotion counselling is not permitted now, some of the graduate teachers, who are at the verge of retirement, will be seriously affected for being denied of their promotions. 5. The learned Additional Advocate General further submitted that if the promotion counselling is not permitted now, some of the graduate teachers, who are at the verge of retirement, will be seriously affected for being denied of their promotions. 5. The learned counsels appearing on behalf of the prospective promotees, adopted the stand taken by the learned Additional Advocate General and insisted that the decision of the Government to conduct the promotion counselling should not be interfered with. 6. I have given careful consideration to the submissions made by the respective counsels. 7. Normally, the general transfer counselling happens once in every three years in the State of Tamil Nadu and the transfer of employees takes place whenever there are administrative exigencies (or) large vacancies (or) when vacancies are required to be filled up through promotions. All along and atleast from the year 2017-2018, the general transfer counselling takes place, prior to the promotion counselling. This procedure was enabled for the year 2017-2018 through G.O.(1D).No.256 (Education 5(1) Department), dated 19.04.2017; G.O.(1D).No.403, (Education 5(1) Department), dated 29.05.2018 for the year 2018-2019 and G.O.Ms.No.218 (Education 5(1) Department), dated, 20.06.2019 for the year 2019-2020. 8. When the COVID-19 pandemic stormed unprecedently in the State of Tamil Nadu during the month of March 2020, the Government thought it fit to regulate the expenditure on emoluments of its employees and thereby, a total ban on creation of new posts in all the Government Departments was imposed, apart from permitting recruitments against the vacant entry level posts including compassionate appointments and also for promotions and recruitments by transfers. Subsequently, through G.O.Ms.No.249, Finance (Budget General-I) Department, dated 21.05.2020, the Government had, in particular, decided to reduce certain portion of the expenses as a part of the economic measures and resource mobilization efforts. Among the various heads, in which, such economic measures were contemplated, it was decided to with-hold the general transfers for the year 2021, to minimize the expenditure on transfer travelling expenses, except for transfers on administrative grounds. 9. Thus, the ultimate decision of the Government to with-hold the general transfers was made as an economic measure to curtail or save the expenditure on transfer travelling expenses for the Government employees including the Educational Department. 9. Thus, the ultimate decision of the Government to with-hold the general transfers was made as an economic measure to curtail or save the expenditure on transfer travelling expenses for the Government employees including the Educational Department. When a specific query was put to the learned Additional Advocate General as to what could be the cost incurred by the Government when a general transfer counselling takes place, it was submitted that the transferees on counselling were not entitled for transfer travelling allowances. However, they are entitled for seven days leave to facilitate their transfer, for which period they are entitled for their salaries. 10. I am not in agreement with such a stand taken by the learned Additional Advocate General that the seven days salary claimed by the transferee teachers would either be a saving in the expenditure or an additional cost incurred by the Government for effecting transfers. For instance, the present decision of the Government in not permitting the general transfer counselling would still require them to pay all the Government employees in general and the teachers in particular, their respective salaries. It is not the case of the Government that in case the teachers are permitted to opt for transfer and thereby avail seven days leave, there would additional expense to the Government in such circumstances. When the Teachers, who are aspiring for a transfer through counselling, are admittedly disentitled for the transfer travelling allowances and when the Government have decided to hold the transfers and thereby, disburse the salaries for the seven days notional period, for which, a transferee would have been otherwise entitled to, the very object of the Government Order in G.O.Ms.No.249, Finance (Budget General-I) Department, dated, 21.05.2020 to minimize the economic resources mobilization seems unfounded, insofar as the ban on transfers for the year 2021 in the Education Department is concerned. It would be pertinent to point out here that the measures taken under the other Heads for the expenses and expenditure etc, referred to in the Government Order, may meet the object of the said Government Order. 11. It is the submission of the learned Additional Advocate General that since the measures introduced in G.O.Ms.No.249, Finance (Budget General-I) Department, dated, 21.05.2020 to control the expenditures requires to be strictly and scrupulously followed by all the Departments of the Government, the with-holding of general transfers in this background, is inevitable. 12. 11. It is the submission of the learned Additional Advocate General that since the measures introduced in G.O.Ms.No.249, Finance (Budget General-I) Department, dated, 21.05.2020 to control the expenditures requires to be strictly and scrupulously followed by all the Departments of the Government, the with-holding of general transfers in this background, is inevitable. 12. As stated earlier, right from the year 2017-2018, onwards, the Educational Department has been undisputedly conducting the general transfers for the academic year in advance, followed by the promotion transfers. But, for the year 2021, there was no deviation in this method. The present G.O.Ms.No.249, Finance (Budget General-I) Department dated, 21.05.2020 relied on by the respondents does not prescribe that the promotion counselling should precede the general transfer counselling. Incidentally, when the issue with regard to the legality of transfers on administrative grounds came up for consideration in a pro bono case before the Hon'ble Division Bench of this Court in W.P.(MD).No.23772 of 2018, certain guidelines for general transfer counselling, including transfers on administrative grounds, were issued. These guidelines were subject to passing of appropriate orders by the Government. Among such guidelines, it was directed that the annual transfers in the schools must be only on the basis of general counselling which should be held atleast by the 15th of May of the relevant year. The Government is yet to pass appropriate orders to this effect, apparently, due to the onset of COVID-19 pandemic. When such orders for general transfer through counselling are yet to be passed pursuant to the guidelines of the Hon'ble Division Bench and in view of the absence of any specific clauses in G.O.Ms.No.249, Finance (Budget General-I) Department dated, 21.05.2020 enabling the Government to conduct promotion counselling prior to the transfer counselling and by taking into account the general practice adopted from the year 2017-2018 onwards to hold the promotion counselling after the general transfer counselling, this Court is of the view that the consistent procedure should not be given a go-by. 13. It would not be out of place to mention here that the Government have now taken a policy decision to increase the retirement age of the teachers to 60 years and hence the ground raised by the learned Additional Advocate General that some of the teachers, who are awaiting for promotions, are at the verge of their retirement, is rendered redundant. However, since the respondents apprehend that some prejudice could be caused to the teachers, who are awaiting for promotions, it would be appropriate that the respondents could be directed to hold both the general transfer counselling and the promotion counselling on the same date. However, such simultaneous counselling should not deviate from the pre-existing procedures and therefore, the general transfer counselling, shall precede the promotion counselling. 14. In the light of the above observations, there shall be a direction to the Director of School Education Department, Chennai and the Director of Elementary Education, Chennai, to conduct the general transfer counselling, followed by the promotion counselling, on the same day or the succeeding days if necessary, in the various vacancies for the posts of High School Headmasters / Middle School Headmasters / B.T. Assistants / Primary School Headmasters / Block Educational Officers in the various schools in the State of Tamil Nadu. Such exercise of conducting counselling shall be done as expeditiously as possible, in any event, on or before the 30th of April, 2021. 15. These Writ Petitions stand ordered accordingly. No costs. Consequently, connected miscellaneous petitions are closed.