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2024 Supreme(Online)(MAD) 29360

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2024 CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.13399 of 2023 and W.M.P(MD) Nos.11302, 22620 and 22632 of 2023 K.Sadique Batcha ... Petitioner Vs.

1. The Chief Educational Officer, Office of the Chief Educational Officer, Trichy, Trichy District.

2. The District Educational Officer, (Elementary Education), Office of the District Educational Officer, Musiri Educational District, Musiri, Trichy District.

3. The Block Educational Officer, Office of the Block Educational Officer, Lalgudi Union, Lalgudi, Trichy District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to re-deploy the petitioner in the forthcoming vacancy to the post of Secondary Grade Teacher in Lalgudi Block, Trichy District as per condition No.8 in the deployment order dated 28.07.2012 within the time stipulated by this Court.

For Petitioner : Mr.S.Louis For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader

O R D E R

The instant writ petition has been filed by a Secondary Grade Teacher, seeking a Mandamus directing the respondents to re-deploy the petitioner in the forthcoming vacancy to the post of Secondary Grade Teacher, in Lalgudi Block, Trichy District, as per the re-deployment order, dated 28.07.2012. 2. Considering the fact that the petitioner was rendered surplus in Lalgudi Union, he was transferred to Musiri Union. A perusal of the re- deployment order, dated 28.07.2012 indicates that, as and when vacancies arise at Lalgudi Union, on the basis of seniority, the re-deployed teachers would be reappointed in Lalgudi Union. However, when attempts were made by the Education Department to re-deploy teachers from other Districts to Lalgudi Union, this Court has directed the authorities, by way of an interim order, that they should not re-deploy any other teacher from any other Union without considering the name of the petitioner.

3. The second respondent has filed a counter affidavit. Paragraph Nos.5 and 6 of the counter affidavit are extracted as follows:

“5. It is submitted that the vacancy position will be ascertained by the respondents, only during General transfer and promotion counselling (Primary Education and School Education) for the year 2024-2025. It is further submitted that forthcoming academic year i.e., 2024-2025 general transfer counselling will be conducted and during this counselling the petitioner will be considered for re-deploy based on his seniority, Eligibility and Rules and will be transferred to their parent union if the above criteria is satisfied.

6. It is humbly submitted that the respondents maintained seniority list of Secondary Grade Teachers in respect of Union and placed the petitioner name shown in the serial No.9 in seniority list below his seniors in the Union level. Hence, during the time of general counselling petitioner seniority did not came to zone of consideration to accommodate vacancies arised in the Lalgudi union so petitioner was not redeployed to Lalgudi Union.”

4. In view of the above said counter affidavit, the respondents are directed to consider the name of the petitioner on the basis of the seniority and re-deploy him in the forthcoming vacancy in the Lalgudi Block on the basis of the seniority.

5. With the above observations, this Writ Petition stands disposed of.

There shall be no order as to costs. Consequently connected Miscellaneous Petitions stand closed.

03.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Chief Educational Officer, Office of the Chief Educational Officer, Trichy, Trichy District.

2. The District Educational Officer, (Elementary Education), Office of the District Educational Officer, Musiri Educational District, Musuri, Trichy District.

3. The Block Educational Officer, Office of the Block Educational Officer, Lalgudi Union, Lalgudi, Trichy District.

R.VIJAYAKUMAR,J.

ebsi

03.09.2024

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