T. MAHESWARI Vs. R. SHANTHI AND ORS.

JUDGEMENT

(1.) CHALLENGING the order dated 02.08.2012, made in W.P.(MD) No. 13830 of 2011, passed by the learned Single Judge, the present Writ Appeal has been preferred by the appellant, who is the third respondent in the writ petition.

(2.) THE first respondent herein filed W.P.(MD) No. 13830 of 2011, challenging the two orders of the District Elementary Educational Officer, Virudhunagar, the second respondent herein, in Na.Ka. No. 3314/A4/2011, dated 17.11.2011 and Na.Ka. No. 3314/A4/2011, dated 17.11.2011. In the first order, the first respondent herein, who was working as B.T. Assistant (Tamil), Municipal (Muslim) Middle School, Virudhunagar, was downgraded and transferred as Secondary Grade Teacher, A.S.P.C.C. Elementary School, Virudhunagar, stating it on administrative grounds. As per the second order, the appellant herein, who was working as B.T. Assistant (Tamil) in A.S.P.C.C. Municipal High School, Virudhunagar, was transferred and posted as B.T. Assistant (Tamil), Municipal (Muslim) Middle School, Virudhunagar.

(3.) IT is not in dispute that the first respondent was transferred to Rao Bahadur M.S.P.S. Municipal Middle School, Virudhunagar, at her request on 09.07.1993, at the time of general transfer and hence she was placed junior most in the cadre, as she was transferred from another District. It is also not in dispute that A.S.P.C.C. Municipal Middle School, Virudhunagar, was upgraded as Municipal High School from the Academic Year 2011 -2012, as approved by the State Government. In the counter relating to the writ petition filed by the District Elementary Educational Officer, Virudhunagar, the 2nd respondent herein has given the details of seniority of teachers working in the Middle School (upgraded as High School) as follows: