1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2011 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No. 9567 of 2011 S.Justinal ... Petitioner Vs. 1. The Director of Elementary Education, Office of the Director of Elementary Education,Chennai. 2.The District Elementary Education Officer, Office of the District Elementary Education Officer, Tirunelveli. 3.The District Elementary Education Officer, Office of the District Elementary Education Officer, Kanyakumari. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent herein to transfer the petitioner in any one vacancy of Secondary Grade Teacher at Kanyakumari District within a reasonable time and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. For Petitioner : Mr.R.Russalraj For Respondents : Mrs.Bharathi,Government Advocate O R D E R The petitioner, S.Justinal, who was originally appointed as Secondary Grade Teacher on 8.2.1990 at Panchayat Union Elementary School, Aravampatti, Pudukkottai District was transferred subsequently to Veppamkulam Panchayat Union Elementary School, Tirunelveli District on 26.6.1994 at her own request. Thereafter, she got married and her husband was working at 1560 Primary Agricultural cooperative Society at Kanyakumari District. Therefore, the petitioner made a request transfer to Kanyakumari District to join her family and to take care of her children and her father-in-law and mother-in-law. Though the petitioner is entitled to get transfer order under the spouse category, which is permissible under the transfer policy, the genuine request of the petitioner has not been till date considered. 2. It is further mentioned that even the junior most persons less than 10 years of service have been transferred to Kanyakumari District and on the other hand, the petitioner having rendered 17 years of service has not been considered for transfer to Kanyakumari District, where her husband has been working. After seeing the difficulty in getting transfer to Kanyakumari District, the petitioner has come forward to work in the post of Secondary Grade Teacher from the post of Headmistress. Though the petitioner was promoted as Headmistress on 1.8.2010, she is prepared to relinquish even the promotional post if the respondent considers her request to post her in any available vacancies in the post of Secondary Grade Teacher in Kanyakumari District. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Per contra, the learned Government Advocate appearing for the respondents would submit that as on today, there is no vacancy in the post of Secondary Grade Teacher in Kanyakumari District as contended by the learned counsel for the petitioner in Government Middle School, Colechel, Kanyakumari District and Government Primary School, Vallan Kumari Vilai, Kanyakumari District. The petitioner has filed an affidavit dated 7.12.2011 mentioning the present available vacancies in the post of Secondary Grade Teacher in Government Middle School, Colachel, Kanyakumari District and Government Primary School, Vallan Kumari Vilai, Kanyakumari District. Though the learned Government Advocate appearing for the respondents submits that there are no vacancies in the post of Secondary Grade Teacher in the Government Middle Schools, the learned counsel appearing for the petitioner, by filing the above affidavit, stated that the information furnished in the affidavit about the vacancy position in the above mentioned two Middle Schools are correct and if it is incorrect, he is prepared to pay even cost. Since a written instruction dated 28.11.2011 has been produced to show that there is no vacancy for Secondary Grade Teacher in Kanyakumari District, this Court has to accept that there is no such vacancy available. 4. Further it has been stated that there is no Rule permitting the Department to revert the petitioner by way of transfer from the Post of Headmistress of Middle School to Secondary Grade Teacher. But however, the petitioner herself is coming forward to relinquish the post of Headmistress to be posted as a Secondary Grade Teacher for the reason that she has been languishing more than 22 years away from her family members. Though this Court, is not in a position to consider her request for time being, gives her liberty to submit an application under appropriate Rule 47 of Tamil Nadu Subordinate Service Rules relinquishing her right to continue in the post of Headmistress so as to get posted in the lower post i.e. Secondary Grade Teacher. If any such application is filed by the petitioner, the respondents are directed to consider the case of the petitioner sympathetically. 5.With the above observation, this Writ Petition stands disposed of. No costs. Consequently, connected M.P. is also closed. SD ASST REGISTRAR(CO) /TRUE COPY/ SUB ASST REGISTRAR 1. The Director of Elementary Education, Office of the Director of Elementary Education,Chennai. 2. The District Elementary Education Officer, Office of the District Elementary Education Officer,Tirunelveli. 3. The District Elementary Education Officer, Office of the District Elementary Education Officer, Kanyakumari. 1cc To The Special Government Pleader, Madurai Bench SR No.47897 SB:02/01/2012 2P 5C W.P.(MD)No. 9567 of 2011 https://hcservices.ecourts.gov.in/hcservices/