Petitioner challenged refusal of transfer to Kallar Reclamation schools under G.O.Ms.No.73. Court directed respondents to issue No Objection Certificate for mutual transfer within two months.
Direction to respondents to issue No Objection Certificate for mutual transfer of petitioner within two months from receipt of copy of order.
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WP.No.10112 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2023
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR
WP.No.10112 of 2022 and W.M.P.No.21844 of 2023
K.Mahalakshmi .. Petitioner
Versus
1.The Secretary to Government School Education Department Government of Tamil Nadu Fort St.George, Chennai – 600 009
2.The Secretary to Government BC-MBC Welfare Department Government of Tamil Nadu Fort St.George, Chennai – 600 009
3.The Commissioner School Education Department College Road, Chennai – 600 006
4.The Commissioner Kallar Reclamation, BC-MBC Department Chepauk, Chennai – 600 005
5.The Joint Director Kallar Reclamation Department Madurai – 625 001
.. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the entire
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records of the fourth respondent vide Na.Ka.No.B1/1777/2022 dated 18.04.2022 and quash and subsequently to direct the 4th respondent to issue a No Objection Certificate to participate in the unit transfers.
For Petitioner : Mr.J.Harikrishna
For Respondents : Mr.M.Alagu Goutham Government Advocate
ORDER
Though this writ petition has been filed challenging the proceedings of
the fourth respondent in Na.Ka.No.B1/1777/2022 dated 18.04.2022, quash the same and subsequently, direct the fourth respondent to issue a No Objection Certificate to participate in the unit transfers.
(i)Taking into account the welfare of Kallar Reclamation
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school students who are educationally backward, NOC will be issued to teachers who have submitted mutual transfer applications subject to the discretion of the Head of the Department
(ii)The teachers will be given NOC based on Medical grounds after taking consideration the following conditions on priority basis as mentioned in the G.O (D) No.21, BC, MBC and MW department, dated 29.03.2022 by the Head of the Department.
a) The teachers with 100% Blindness.
b) The teachers who have undergone Kidney transplantation surgery and undergoing Dialysis treatment.
c)The teachers who have undergone Heart surgery and brain tumor surgery.
d) The teachers with severe cancer disease.
e) The teachers with 40% disability as certified by the district differently abled welfare officer.
f) The teachers having a child with mental disability or physical disability over and above 40% as, certified by the district differently abled welfare officer.
(iii) The number of teachers who have obtained NOC from Directorate of School Education or other Department's schools seeking transfer to Kallar Reclamation schools, the same number of teachers in the respective subjects in Kallar Reclamation schools will be issued NOC in order to be transferred to the respective department on seniority based on the date of application subject to the discretion of the Head of the Department in the interest of the welfare of the students of Kallar schools who are educationally backward."
Based on the above, a teacher namely Mr.N.Kasiraj has given an
application for mutual transfer from Tiruppur to the petitioner School. Hence,
it is the contention that she should be transferred on mutual transfer as per the
above Government Order.
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application will be considered on its own merits.
28.07.2023
dhk Internet: Yes/No Neutral Citation:Yes/No
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To
2.The Secretary to Government BC-MBC Welfare Department Government of Tamil Nadu Fort St.George, Chennai – 600 009
3.The Commissioner School Education Department College Road, Chennai – 600 006
4.The Commissioner Kallar Reclamation, BC-MBC Department Chepauk, Chennai – 600 005
5.The Joint Director Kallar Reclamation Department Madurai – 625 001
N.SATHISH KUMAR, J.
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dhk
W.P.No.10112 of 2022
28.07.2023
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2 issues framed by the court
Whether the petitioner is entitled to a transfer by mutual consent.
Whether the respondent is directed to issue a No Objection Certificate for the petitioner's proposed transfer
2 provisions across 2 enactments
K.Mahalakshmi
Secretary to Government School Education Department Government of Tamil Nadu
Secretary to Government BC-MBC Welfare Department Government of Tamil Nadu
Commissioner School Education Department
Commissioner Kallar Reclamation BC-MBC Department
Joint Director Kallar Reclamation Department
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
