IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.11.2009 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.No. 16837 of 2003 P.Augustine Arul Philip ...Petitioner. Vs. 1.The State of Tamil Nadu Rep. by Secretary to Government Social Welfare Department, Fort St. George, Chennai – 600 005. 2.District Rehabilitation Officer Rehabilitation Centre, Tirunelveli. 3.District Educational Officer Kovilpatti. 4.The Manager TDTA Higher Secondary Secondary Special Schools & Teacher Training Institutes, Diocesan office, Palayamkottai. 5.Florence Swainson Higher Secondary School for the Deaf, Palayamkottai, Rep. by its Correspondent. 6.Mary Hepsibha ...Respondents. PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 4th respondent relating to order dated 01.06.2003 appointing the 6th respondent as the Headmistress of Florence Swanison Higher Secondary School for the deaf, Plalyamkottai and quash the same and direct the respondents 1-5 to appoint the petitioner as the Headmaster of Florence Swainson Higher Secondary School for the deaf, Palayamkottai https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.R.Amardeep For R -1 to R -3 : Mr.A.Suresh Government Advocate For R – 4 to R – 6 : Mr.K.Ravichandrabaabu O R D E R The petitioner teacher has filed the writ petition aggrieved by the appointment of respondent No.6 as a Headmistress of Florence Swanison Higher Secondary School for the Deaf, Plalyamkottai the 5th respondent School, by an order dated 01.06.2003. 2.This case of the petitioner is that he should have been considered to the post of Headmaster to the said School and his claim on merits has been over looked and the 6th respondent has been appointed. In the writ petition, the proceedings of the 4th respondent resulting the appointment of 6th respondent are challenged on the various grounds which includ the comparative merits of the parties in respect of qualifications, seniority and merit. The writ petition was admitted and notice was issued to the respondent. The contesting 6th respondent has filed a counter. 3.At the time of final hearing of the writ petition, it stated that the writ petitioner was previously working as a Headmaster in Higher Secondary School run by the same management at Kailasapuram, Thuthukudi District. In such view of the matter, the petitioner having been appointed as a Headmaster by the same management, no further adjudication is required in the present writ petition. Today the petitioner, has instructed his counsel Shri R.Amardeep to plead before this Court that he should be transferred to the 5th respondent School as and when a vacancy arises. The reason being the petitioner's wife is working in the 5th respondent School. 4.The petitioner is at liberty to make a representation to the appropriate School authority for transfer as per law. Such request if made will be considered by respondents as per law. The official respondents can also consider the payment of all or any pending amounts withheld by the 5th respondent, if any. The writ petition is disposed of with the above observation. No costs. vsm Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1.The Secretary Government of Tamil Nadu Social Welfare Department, Fort St. George, Chennai – 600 005. 2.District Rehabilitation Officer Rehabilitation Centre, Tirunelveli. 3.District Educational Officer Kovilpatti. 4.The Manager TDTA Higher Secondary Secondary Special Schools & Teacher Training Institutes, Diocesan office, Palayamkottai. 5.Florence Swainson Higher Secondary School for the Deaf, Palayamkottai, Rep. by its Correspondent. + 1 cc to Government Pleader SR.63874 + 1 cc to Mr.R. Amar Deep, Advocate SR.64065 + 1 cc to Mr.K. Ravichandran Baabu, SR.64063 W.P.No.16837 of 2003 MDR(CO0 EU 21.12.2009 19.08.2009. https://hcservices.ecourts.gov.in/hcservices/