The main legal point established is that the consistent procedure of conducting general transfer counselling before promotion counselling should not be disregarded, and the government's economic measures should be founded on actual cost savings.

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 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, apar