IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
S. Kiruthika - Petitioner
Versus
The Director of Elementary Education, DPI Compound, Chennai and Ors. - Respondents
W.P. No. 28636 of 2016 And W.M.P. Nos. 24696 of 2016, 3196 and 36079 of 2017
Decided On : 03-07-2018
Transferred Contrary To Government Orders - Learned counsel appearing on behalf of writ petitioner strenuously contended that impugned order of redeployment is untenable - Writ petitioner is only english teacher working in panchayat union middle school and further some other junior teachers are also working in very same school - Such being factum of case writ petitioner has been transferred contrary to government orders issued in respect of deployment - Learned counsel for writ petitioner is of an opinion that writ petitioner is entitled to continue in very same school as bt assistant - However in violation of government orders writ petitioner has been deployed to neighbouring school - Held, However writ petitioner filed for a direction to direct respondents to allow writ petitioner to join in said post of bt assistant in english in panchayat union middle school - However said wmp was filed interim stay was granted by this court and after a lapse of one year and four months a direction petition is filed permitting writ petitioner to join duty - Even during that one year and four months writ petitioner has not joined duty in deployed place - This being conduct of writ petitioner this court is of an opinion that writ petitioner has committed an act of misconduct and further she would have joined in deployed place at least during pendency of writ petition and same has not been done by writ petitioner which shows not only callous attitude but also indifferent mind set of teacher who is supposed to join in panchayat union middle school for welfare of students - Writ Petition Stands Dismissed.
The order passed by the second respondent in proceedings dated 6.8.2016, redeploying the writ petitioner from Panchayat Union Middle School, Nalverpet to Panchayat Union Middle School, Kunnathur, is under challenge in this writ petition.
2. The learned counsel, appearing on behalf of the writ petitioner, strenuously contended that the impugned order of redeployment is untenable. The writ petitioner is the only English teacher working in Panchayat Union Middle School at Nalverpet and further some other junior teachers are also working in the very same school. Such being the factum of the case, the writ petitioner has been transferred contrary to the Government Orders issued in respect of the deployment.
3. The learned counsel for the writ petitioner is of an opinion that the writ petitioner is entitled to continue in the very same school as B.T. Assistant (English). However, in violation of the Government Orders, the writ petitioner has been deployed to the neighbouring school at Kunnathur.
4. The writ petitioner states that she was appointed as B.T. Assistant (English) by the first respondent on 30.12.2008 in Panchayat Union Middle School, Melsathamangalam, Peranamallur Block, Tiruvannamalai District. Subsequently, she was transferred and posted as B.T. Assistant in Panchayat Union Middle School, Nalverpet, Thirukazhukundram Block, Kancheepuram District on 2.1.2014. The said transfer was issued on administrative grounds. The writ petitioner was working to the satisfaction of her superiors. To her shock and surprise on 11.8.2016, the third respondent-Assistant Elementary Educational Officer came to the School and informed the writ petitioner that she was transferred to Panchayat Union Middle School, Kunnathur, Thirukazhukundram Block, Kancheepuram District. The writ petitioner was transferred on the ground that there was surplus teachers working in the Panchayat Union Middle School at Nalverpet and considering the students strength, the writ petitioner was transferred to the Panchayat Union Middle School at Kunnathur, wherein the post of B.T. Assistant (English) was lying vacant. The learned counsel for the writ petitioner contended that the said deployment of the writ petitioner is contrary to the guidelines issued by the Government in G.O.Ms.No.270, School Education Department, dated 10.7.2012.
5. The learned Government Advocate, appearing on behalf of the respondents, submitted a copy of the Inspection Report conducted by the competent authorities. The inspection was conducted on 9.9.2016. On that day, out of 189 students, 168 students were present. The total strength of the school as on 9.9.2016 was 189. Even as per the Inspection Report for the academic year 2017-2018, the students strength was 156 out of 172. Further, in the academic year 2018-2019, the students strength of the school at Nalverpet is 176. Thus, for the past three years, there was no increase in the students strength and therefore, there is no possibility to deploy the writ petitioner to the original post at Nalverpet. When this Court asked the learned Government Advocate to find out the current students strength, so as to reconsider the case of the writ petitioner for redeployment to the same school at Nalverpet, it is informed that even as per the current Inspection Report, there is no adequate students strength for the purpose of accommodating the writ petitioner as B.T. Assistant (English) in the Panchayat Union Middle School at Nalverpet.
6. The learned Government Advocate is of an opinion that the writ petitioner was a junior most B.T. Assistant (English) and another B.T. Assistant (English) is already working in the same school, who is the senior. The said contention, though disputed by the learned counsel for the writ petitioner, none of them had produced the details in respect of the teachers already working. If at all, there is no English teacher in the Panchayat Union Middle School at Nalverpet, it is for the competent authorities to ascertain
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