I.Thangamariappan vs The Government Of Tamil Nadu
2021 Latest Caselaw 1568 Mad

                                                                        W.P.No.1445 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED 25.01.2021

                                                      CORAM :

                                   THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

                                              W.P.No.1445 of 2021 and
                                              W.M.P. No.1618 of 2021
                     I.Thangamariappan                                     ... Petitioner
                                                           Vs

                     1. The Government of Tamil Nadu,
                       represented by its
                       Secretary to the Government,
                       Education Department,
                       Secretariat, Chennai-600 009.

                     2.The Director,
                       Directorate of School Education,
                       DPI Compound,
                       Chennai 600 006.

                     3.The Director,
                       Directorate of Primary School Education,
                       DPI Compound,
                       Chennai 600 006.

                     4.The District Educational Officer,
                       Office of the District Educational Officer,
                       Town hall, Coimbatore 641 001.

                     5.The Chief Educational Officer,
                       Office of Chief Educational Officer,
                       Raja Street, Coimbatore 641 001.

                     1/8


https://www.mhc.tn.gov.in/judis/
                                                                                      W.P.No.1445 of 2021

                     6.The Block Educational Officer,
                       Office of the Block Educational Officer,
                       Thondamuthur Block,
                       Coimbatore District.                                       ... Respondents

                     Prayer: Writ petition filed under Article 226 of the Constitution of India,
                     praying to issue a writ of Mandamus, directing the second respondent to
                     consider the petitioners' representation dated 28.12.2020 and forbearing the
                     respondents from issuing transfer orders to B.T.Assistant teachers who are
                     working in Government Schools, unless conducting the General
                     Counselling of teachers in pursuant of the Hon'ble High Court order in W.P.
                     (MD) No.23772 of 2018 by an order dated 13.03.2019.


                                     For Petitioner            : Mr.P.Saravanan

                                     For Respondents           : Mr.P.Raja,
                                                                 Government Advocate

                                                          ORDER

By consent, the writ petition is taken up for final disposal during the

time of admission. Mr.P.Raja, learned Government Advocate takes notice

for respondents.

2.The writ petition has been filed, seeking a direction to the second

respondent to consider the petitioners' representation dated 28.12.2020 and

https://www.mhc.tn.gov.in/judis/ W.P.No.1445 of 2021

forbearing the respondents from issuing transfer orders to B.T. Assistant

teachers, who are working in Government Schools, unless conducting the

General Counselling of teachers in pursuance of the order passed by this

Court in W.P. (MD) No.23772 of 2018 by an order dated 13.03.2019.

3.The case of the petitioner is that he has completed D.T.Ed. in First

Class and has been appointed as Secondary Grade Teacher at Union

Panchayat School, Thoondamuthur Union. After getting permission from

the higher authorities to study B.Sc. Chemistry through correspondence

course in Manonmaniam Sundaranar University, the petitioner studied B.Sc.

(Chemistry) and he has also completed B.Ed. in IGNOU, Delhi. Though the

petitioner is cited as senior of B.T. Assistant panel in the year 2020, due to

pandemic situation, there was no general counselling for Teachers

conducted by the respondents. The grievance of the petitioner is that if

general counselling would be conducted by the respondents, he would have

been appointed as B.T. (Assistant) Teacher in Union Panchayat Schools in

Thondamauthur Block, Coimbatore. It is also stated that one K.K.Ramesh

has filed W.P. (MD) No.23772 of 2018 to conduct enquiry by considering

https://www.mhc.tn.gov.in/judis/ W.P.No.1445 of 2021

his representations dated 07.08.2018 and 31.10.2018. By an order dated

13.03.2019, this Court held that no transfer could be made by the

respondents without counselling. Based on the above judgment, the first

respondent has issued G.O. (1D) No.218 dated 20.06.2019, relating to

transfers through general counselling. Thereafter, the first respondent has

published G.O. Ms. No.12, School Education (EE1(1)) dated 30.01.2020

relating to special rules for the Tamil Nadu Elementary Education

Subordinates Service. It is further stated that based on the above rules, if

counselling could have been made by the respondents, the petitioner would

have been eligible for promotion to the post of B.T. Assistant in

Thondamuthur Union, Coimbatore District. In the meantime, the second

respondent has given a letter dated 05.11.2020 stating that one

R.Valarmathi, who is working as B.T. Assistant, was appointed on

deputation basis from Karamadai Union, Neelampathy Union Middle

School to Thondamuthur Union, Pommanampalayam Union Middle School

until further orders. In this regard, the petitioner has given a representation

dated 28.12.2020 to all the respondents seeking issuance of transfer order to

B.T. Assistant Teachers, who are working in Government Schools in

https://www.mhc.tn.gov.in/judis/ W.P.No.1445 of 2021

Thondamuthur Union, in pursuance of the order dated 13.03.2019 passed by

this Court in W.P. (MD) No.23772 of 2018. However, due to no response

on the side of the respondents, the petitioner has come forward with this

present writ petition.

4. Heard the learned counsel appearing on either side and perused the

materials available on record.

5. In view of the limited prayer sought for by the petitioner and if the

Petitioner's representation is pending with the authorities concerned and, not

disposed of earlier, this Court directs the second respondent to consider the

representation of the petitioner dated 28.12.2020 and pass appropriate

orders, in accordance with law, after affording an opportunity of hearing to

all parties concerned, as expeditiously as possible, preferably within a

period of three months from the date of receipt of a copy of this order.

6. The petitioner shall furnish his phone number, email ID, if any,

etc., along with a copy of the representation dated 06.10.2020 and this

https://www.mhc.tn.gov.in/judis/ W.P.No.1445 of 2021

order, to the respondents forthwith. The respondents are directed to

communicate the decision taken on the representation, to the petitioner

within a period of three weeks from the date of decision taken thereon, by

way of SMS/Email/registered post/speed post, so that there is no need for

the parties to file contempt after expiry of the specified period. In case the

authorities concerned fail to send communication to the parties, they will

have to face the civil imprisonment in case of contempt proceedings and, if

they are unable to serve the order and the cover being returned un-served for

one reason or the other, the same shall be kept in the file without opening it

for the proof of delivery, so that the parties, at a later point of time, will not

take a plea that he is not aware of the order.

7. With the above direction, the writ petition is disposed of.

Consequently, connected miscellaneous petition is closed. No costs.

25.01.2021 (2/2) vum Index: Yes/No Speaking order / Non speaking order

https://www.mhc.tn.gov.in/judis/ W.P.No.1445 of 2021

To

1. The Government of Tamil Nadu, represented by its Secretary to the Government, Education Department, Secretariat, Chennai-600 009.

2.The Director, Directorate of School Education, DPI Compound, Chennai 600 006.

3.The Director, Directorate of Primary School Education, DPI Compound, Chennai 600 006.

4.The District Educational Officer, Office of the District Educational Officer, Town hall, Coimbatore 641 001.

5.The Chief Educational Officer, Office of Chief Educational Officer, Raja Street, Coimbatore 641 001.

6.The Block Educational Officer, Office of the Block Educational Officer, Thondamuthur Block, Coimbatore District.

https://www.mhc.tn.gov.in/judis/ W.P.No.1445 of 2021

S.VAIDYANATHAN,J.,

vum

W.P.No.1445 of 2021 and W.M.P. No.1618 of 2021

25.01.2021 (2/2)

https://www.mhc.tn.gov.in/judis/