1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.12001 of 2011 and M.P.(MD) No.1 of 2011 S.Rekha, Headmistress, Panchayat Union Elementary School, Bommarajapuram, Myladumparai Union, Theni District. : Petitioner Vs. 1.The Director of Elementary Education, College Road, Chennai-6. 2.The District Elementary Educational Officer, Theni District, Theni. 3.The Assistant Elementary Educational Officer, Myladumparai, Theni District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to consider the petitioner's representations dated 13.09.2011 and 03.10.2011 seeking to accommodate the petitioner as Headmistress of the Elementary School in any one of the school which has student strength at Myladumparai Union within a period that may be stipulated by this Hon'ble Court. For Petitioner : M/s.M.Ajmal Khan For Respondents : Mrs.S.Bharathi, Government Advocate ORDER This writ petition has been filed by S.Rekha for the issuance of a Writ of Mandamus directing the second respondent to consider the petitioner's representations dated 13.09.2011 and 03.10.2011 seeking to accommodate the petitioner as Headmistress of the Elementary School in any one of the schools which has student strength at Myladumparai Union within a period that may be stipulated by this Hon'ble Court. 2. Heard Mr.M.Ajmal Khan, learned counsel appearing for the petitioner and Mrs.S.Bharathi, learned Government Advocate appearing for the respondents. 3. The learned Counsel appearing for the petitioner submits that the petitioner was originally appointed as Assistant Teacher on 21.03.2002 in Singarajapuram Panchayat Union School, Myladumparai Union. After two years, she was transferred to Kandamanur Panchayat Union School in the same union in the year 2004. After sometime, she was promoted as Headmistress of the Elementary School and posted at Panchayat Union School, Bommarajapuram, Myladumparai Union. The Government opened a primary school in the year 2006 under SSA Scheme at Bommarajapuram which is a hilly area in the Reserved Forest, the said school was upgraded as Elementary School in the year 2007. But, unfortunately, the school being located in the Reserved Forest area, the students have to walk three kilometers to reach the school from their residence as there was no transport facility. As a result, the students one after the other dropped and finally the student https://hcservices.ecourts.gov.in/hcservices/ 2 strength almost came to nil. The respondents 2 and 3 also after conducting an inspection have found that there was no students attending the classes and finally made a recommendation to the first respondent for closure of the school. Under these circumstances, the petitioner made a representation on 11.08.2010 to the second respondent indicating that there was one vacancy available at Vanathaipuram school in the cadre of Headmistress. But, no order was passed on her representation. As a result, the petitioner waiting after a long time, has come to this Court with the above said relief. 4. The only grievance of the petitioner is that the petitioner was allowed to work as Headmistress in the Elementary School where there was no student to attend the classes. Being so, she should be posted in a place where she can conduct classes to the students. 5. In reply to the said submission, the learned Government Advocate appearing for the respondents submits that the grievance of the petitioner has been properly considered by posting her in Arasaradi, Myladumparai Union on 14.07.2011. Therefore, the grievance of the petitioner has been properly redressed. 6. The learned Counsel appearing for the petitioner submits that the petitioner at the time of her appointment was Assistant Teacher and on 02.06.2009 was promoted to the post of Headmistress of the Elementary School. But, in view of the subsequent development, the petitioner has been once again posted back to the post of Assistant Teacher. Therefore, the learned Counsel appearing for the petitioner made a request to be considered by the respondents that if any vacancy arises in future in the post of Headmistress of the Elementary School in the same union, the same may be considered. 7. In view of the submission made by the learned Government Advocate that the grievance of the petitioner was redressed and there is no merits in the writ petition, the writ petition is liable to be dismissed. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. SD ASST REGISTRAR ( AS ) /TRUE COPY/ srm SUB ASST REGISTRAR To 1.The Director of Elementary Education, College Road, Chennai-6. 2.The District Elementary Educational Officer, Theni District, Theni. 3.The Assistant Elementary Educational Officer, Myladumparai, Theni District. 1CC TO THE SPL. GOVT PLEADER SR: 37096: 1CC TO MR. M. AJMAL KHAN, ADVOCATE, SR: 36981: DM::2011:NOVEMBER:25:: W.P.(MD).No.12001 of 2011 AND MP(MD) No. 1 of 2011 2p:6c:: 28.10.2011 https://hcservices.ecourts.gov.in/hcservices/