The petitioner has come to this Court questioning the correctness of the impugned proceedings passed by the second respondent in Na.Ka.No.4223/A3/2016, dated Nil.12.2016, which was signed on 19.12.2016, in and by which, she has been informed that her request for transfer would be considered only in the next general counselling.
2.The petitioner originally worked as Secondary Grade Teacher in the fifth respondent Government Primary School, Sambavar Vadakarai [Melur], Kadaiyanallur Taluk, Tirunelveli District, from March 2008 to 17.08.2016. While so, in the counselling held on 13.08.2016, the fifth respondent School authorities had shown two Teachers as surplus. In the fifth respondent school, there were two junior most teachers behind her in the seniority, but her name did not find place in the counselling list. Therefore, she has not participated in the counselling. One of the teachers viz., S.Kannan, who was a junior to the petitioner, a differently-abled person, refused to accept the transfer order, hence, the petitioner has been issued with the order of transfer in the counselling by the proceedings of the third respondent, dated 17.08.2016 and she has been transferred to the fourth respondent School. The said S.Kannan, who stated to be differently-abled person, although refused the order of transfer in the counselling, obtained an order of transfer to the School situated at Ponnamaravathy in Pudukottai District by way of mutual consent. According to the petitioner, the said S.Kannan refused to go on transfer on the ground of physical disability even to a School situated within 9 kms distance in the same educational circle. In fact, the said S.Kannan, by stating that he is differently-abled person, obtained an order of transfer from Tirupur District to the present school at Sambavar Vadakarai [Melur], Shencottah Union, Tirunelveli District, in the year 2009 and one Muthulakshmi who was transferred from Pudukottai District has been posted in the petitioner's place, hence, the petitioner has lost her chance for promotion. Therefore, the petitioner has sent a representation to the respondents 1 and 2 herein on 18.10.2016 to re-post her in the earlier place, namely, the fifth respondent School, where she has originally worked prior to the order of transfer, dated 17.08.2016. Since the said representation was not considered by the respondents 1 and 2 herein, the petitioner has filed W.P.(MD)No.21102 of 2016, for issuance of a Writ of Mandamus, directing the respondents 1 and 2 herein to consider and pass appropriate orders on her representation, dated 18.10.2016. This Court, vide order dated 04.11.2016, disposed of the said writ petition directing the second respondent to consider the petitioner's representation, dated 18.10.2016 and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of that order. Pursuant thereto, the second respondent has passed the impugned order stating that the petitioner's representation, dated 18.10.2016, will be considered in future. Hence, the present writ petition.
3.The learned counsel appearing for the petitioner assailing the impugned order submitted that when a representation was given to transfer the petitioner back to the fifth respondent School, viz., Government Primary School, Sambavar Vadakarai [Melur], Shencottah Union, Tirunelveli District, even that request also has not been considered citing a reason orally that the petitioner's writ petition is pending and so long as the said writ petition is pending, her request for transfer would not be considered even in the ensuing general counselling. However, the petitioner was transferred from the fifth respondent school to the fourth respondent school as a surplus teacher. Subsequently, the petitioner joined the fourth respondent school on 13.08.2016.
4.In the meanwhile, since a vacancy has arisen in the erstwhile school as one of the teachers in the fifth respondent School, viz., S.Kannan, who is a differently-abled person was transferred to Ponnamaravathy, the petitioner has submitted a representation 18.10.2016, but the same also has not been considered. Therefore, the petitioner has filed W.P.(MD)No.21102 of 2016 mentioned supra and the said writ petition was disposed of by this Court, by order dated 04.11.2016 and thereafter, the second respondent has passed the impugned order.
5.It is stated that one S.Kannan, who was transferred subsequent to the petitioner's transfer from the fifth respondent School, is a junior to the petitioner.
6.The only grievance of the petitioner is that as per condition No.8 of the proceedings of the second respondent in Na.Ka.No.1038/A3/2016, dated 13.08.2016, if a teacher is deployed from one school to another school as a surplus teacher by the Education Department, thereafter, when any vacancy arises in the school from where any teacher is deployed, the same teacher shall be considered on priority basis to go back to the erstwhile school. This can be seen from condition No.8 of the proceedings of the second respondent in Na.Ka.No.1038/A3/2016, dated 13.08.2016, which is given as under:
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7.Accordingly, a direction is issued to the second respondent to consider the case of the petitioner on merits, if she satisfies Condition No.8 in the proceedings cited supra and appropriate orders shall be passed forthwith.
With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
To
1.The Director of Elementary Education, DPI Campus, College Road, Nungambakkam, Chennai ? 600 006.
2.The District Elementary Educational Officer, Tirunelveli, Tirunelveli District.
3.The Assistant Elementary Educational Officer, Shencottah Educational Circle, Shencottah, Tirunelveli District.
4.The Headmaster, Government Primary School, Bala Marthandapuram, Idaikkal ? 627 894.
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