G CHITA Vs. JOINT DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and Ms. Ranganayaki, learned Government Advocate, who has taken notice on behalf of the respondents.

(2.) THE order of the 2nd respondent dated 08.09.2008 is under challenge in this writ petition. THE writ petitioner was appointed as B.T.Assistant in the 3rd respondent school on 21.06.1983 in a regular vacancy and her appointment was approved by the educational authorities. It appears that on the retirement of the previous Headmistress in June 2006, who was also a Tamil Teacher, the 3rd respondent school has surrendered the post of Tamil Teacher on the basis of fall of strength of students. It was consequent to the said surrender, the 2nd respondent District Elementary Educational Officer has passed an order on 27.02.2007 transferring the petitioner to Thiruvalluvar Gurukulam Middle School, Saidapet, Chennai-15. It is seen that after the order was passed, the petitioner went on medical leave. THE transfer order, which was actually a re-deployment order, was challenged by the petitioner in W.P.No.12812 of 2007, which was dismissed. Against which, a writ appeal in W.A.No.1486 of 2007 was filed. A Division Bench of this Court, by a judgment dated 01.04.2008, has set aside the order of the learned single Judge dated 09.04.2007 by allowing the writ appeal however, giving liberty to the respondents to pass orders taking into consideration the situation now prevailing in the school, particularly, after the retirement of the Headmistress, who was handling the Tamil subject.