P SANGETTHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) I started hearing this case on 15.07.2014 (that day the Advocates were on court boycott). I found the petitioner a woman and a school teacher appearing before me with the folded case bundle in her hands like the anklet in the hands of Kannagi - the heroine of Silapathikaram, one of the five great epics of Tamil Literature, her eyes filled with tears; she declared in a meek voice, I have a complaint, where can I go except coming to this Court which has a tradition of justice Uphold justice and undo the grave injustice done to me. I have been suffering for the past two years. She placed point after point, like an experienced Advocate, exposing the injustice caused to her. I was amazed. I consoled her and advised her to be bold to fight against any injustice. The case was adjourned at the request of the learned Government Advocate to get further instructions from the respondents. I was extremely happy that the people, more particularly the common man, have immense faith in the judiciary. The appearance of the petitioner in person seeking justice and the narration of her woes and sufferings is a caution to all the stakeholders in the justice delivery system that Fail not to do timely justice.

(2.) Today, again she appeared. Her grievances are as follows: The petitioner is presently working as B. T. Assistant in Mathematics Subject at Government High School, Puluthipatti in Sivagangai District. Her native place is Madurai District. Stating certain genuine reasons, the petitioner submitted an application on 26.04.2012 seeking transfer to any one of the schools in Madurai District. The said application was entertained and she was permitted to participate in the transfer counselling conducted by the Chief Educational Officer, Madurai, on 24.07.2012. The petitioner had chosen the post of B. T. Assistant in Mathematics Subject at Government High School at Tiruppalai in Madurai District. The 7th respondent was previously working in Sevalpatti Government High School, Trichy District. She also participated in the transfer counselling. Since the petitioner being the senior, opted the post at Government High School, Tiruppalai, Madurai District. It was accepted by the Chief Educational Officer, Madurai and accordingly he issued an order of transfer, to the petitioner, transferring her to Government High School at Tiruppalai, as per order in Na.Ka.No.4938/A4/2012, dated 24.07.2012.

(3.) Having armed with the said order, when the petitioner approached the Headmaster of the Government High School at Puluthipatti, Sivagangai District, the petitioner was informed that there was no instruction to relieve her. When she approached the Chief Educational Officer, Sivagangai District, she was informed that from the Chief Educational Officer, Madurai District, the order of transfer dated 24.07.2012, had not been received. As a result, the petitioner was not relieved from Sivagangai District so as to enable her to join duty at the Government High School at Tiruppalai in Madurai District.