IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2025

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR

A. Raghina Bibi ..Petitioner

Vs

1.The Government of Tamil Nadu

rep by its Principal Secretary to Government,

School Education Department,

Fort St. George, Chennai-600009.

2.The Director of Elementary Education,

College Road, Chennai-600006.

3.The District Elementary Educational Officer,

Trichy District, Trichy.

4.The Assistant Elementary Educational Officer,

Uppiliapuram Panchayat Union,

Trichirappalli District

5.K. Nagarasu ..Respondents Writ Petition is filed under Article 226 of Constitution of India, praying

for issuance of a Writ of Certiorarified Mandamus,Calling for the records of the 1st and 3rd Respondents in relation to para 10 of order passed in G.O.(1D) No.259 School Education (E1) Dept. dt. 09.09.2011 and consequential order passed in Na.Ka.No.2540/A4/2011 dt. 12.11.2011 and quash the same in so far as the Petitioner is concerned and issue a consequential direction to the

Respondents 1 to 4 to promote the Petitioner as B.T. Assistant (Maths) in Uppiliapuram Panchayat Union as per the panel prepared as on 01.01.2011 with consequential service and monetary benefits.

For Petitioner : Mr. R.Saseetharan For Respondents : Mrs. P.Rajarajeeswari, G A – R1 to R4 Mr. J. Jayamalan - R5

O R D E R

The petitioner challenges the order dated 09.09.2011 issued by the first respondent bearing G.O.(I.D) No.259, School Education (EI) Department. By the said order, guidelines were issued for the general transfer of teachers working in Panchayat Union/Municipal/Corporation Primary and Middle Schools and Government/Municipal Corporation High and Higher Secondary Schools. Insofar as transfers relating to elementary education are concerned, the claim for transfer is to be considered first within the Union/Municipality/Corporation and, within the district, from one Union to another or to other units.

2. The petitioner also challenges the order dated 12.11.2011, whereby the fifth respondent, while working as a B.T. Assistant (Mathematics) in Panchayat Union Middle School, Alampatti, Marungapuri Panchayat Union, Tiruchirappalli District, was transferred to Panchayat Union Middle School, Kamatchipuram, Uppiliyapuram Panchayat Union, Tiruchirappalli District. The grievance of the petitioner is that while she was working as a Primary School Headmistress, she was empanelled for promotion to the post of B.T. Assistant (Mathematics) for the year 2011; however, her prospects of promotion were denied on account of the transfer of the fifth respondent. Hence, the present writ petition.

3. Heard the learned counsel appearing for the parties concerned and perused the materials placed on record.

4. The Government Order in G.O.(I.D) No.259 dated 09.09.2011 relates to the guidelines for transfer of teachers in elementary education. As per the said guidelines, the general transfer shall be considered on the basis of unit, which reads thus:

1. In so far as Elementary Education is concerned:-

i.The claim for transfer shall be considered first within Union/Municipality/Corporation.

ii.Within the District, one union to another or to other Units.

Invoking the said Government Order, the fifth respondent, who was working as a B.T. Assistant (Mathematics) in Panchayat Union Middle School, Alampatti, Marungapuri Panchayat Union, Tiruchirappalli District, was transferred to Panchayat Union Middle School, Kamatchipuram, Uppiliyapuram Panchayat Union, Tiruchirappalli District, where the petitioner was working as a Primary School Headmistress. In light of the said transfer, the petitioner, whose name was included in the panel for the year 2011 for promotion to the post of B.T. Assistant (Mathematics), was denied promotion on the ground that there were no other vacancies in the said post.

5. The said Government Order dated 09.09.2011 came up for consideration before this Court in W.P.No.17040 of 2014. This Court, by order dated 04.06.2018, held that when counselling is conducted to f