BRTE ஒட்டுமொத்த மாறுதலை எதிர்த்து சங்கம் சார்பில் தாக்கல் செய்த மனு சென்னை உயர்நீதி மன்றத்தால் தள்ளுபடி செய்யப்பட்டது

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2014

CORAM

THE HONOURABLE Mr.JUSTICE S. NAGAMUTHU

W.P.No.16328 of 2014 and

M.P.Nos.1 & 2 of 2014

TAMIL NADU BLOCK RESOURCE

TEACHERS DEVELOPMENT ASSOCIATION REG.NO.

63/2009 REP. BY SECRETARY M.MARIYAPRAKASAM

HEAD OFF: 8 ARUMUGAM LAYOUT 2ND ST. V.

MARUTHUR VILLUPURAM. .. Petitioner

-Vs.-

1 THE PRINCIPAL SECRETARY

TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT

TAMIL NADU FORT ST. GEORGE CHENNAI-9.

2 THE DIRECTOR OF SCHOOL

EDUCATION DPI CAMPUS COLLEGE ROAD CHENNAI-

6.

3 THE DIRECTOR OF ELEMENTARY

EDUCATION DPI CAMPUS COLLEGE ROAD CHENNAI-

6.

.. Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the entire records in impugned G.O(1D) No.137, dated 09.06.2014 passed by the first respondent and quash the same.

For Petitioner : Mr.R.Prabakaran

For Respondents : Mr.R.Rajeswaran,

Special Government Pleader

ORDER

The petitioner is an Association known as TAMIL NADU BLOCK RESOURCE TEACHERS DEVELOPMENT ASSOCIATION . According to the petitioner, its members are Teachers working in various schools in the State of Tamil Nadu under the Director of School Education. By conducting a counseling, 4587 Teachers have been transferred from their original place of working to various places at their option. Challenging the same, the petitioner/Association is before this Court with this writ petition.

2.This writ petition has come up today for admission. Mr.R.Rajeswaran, learned Special Government Pleader takes notice for the respondents.

3.I have heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and I have also perused the records carefully.

4.When a specific query was made to the learned counsel for the petitioner as to how the writ petition is maintainable before this Court at the instance of an Association in a service matter when none of these 4587 Teachers has come up with any writ petition, the learned counsel for the petitioner submitted that when a group of people are affected by a single order of the Government, it is always open for the Association to represent its members to maintain a writ petition. He would further submit that in respect of service matter, no Public Interest Litigation is maintainable and therefore, it is for the Association to file a writ petition voicing the cause of its members. The learned counsel would further submit that there is violation of fundamental rights since, the order of transfer is arbitrary and un-reasonable and therefore, according to the learned counsel, the writ petition is maintainable. To substantiate the said contention, he would further submit that there are certain judgments of this Court to that effect.

5.It is now well settled that in a service matter, an Association, cannot file a writ petition, challenging the order passed against any individual Government employee. Here, in this case, based on the failure of the Government that a Teacher who is working in a particular place for more than two years is transferred, in the larger interest of the Institution, 4587 Teachers have been transferred. These Teachers participated in the transfer counseling and without any protest, they opted their own choice of place for transfer and accordingly, they have been transferred.

6.Assuming that there was no transparency in the matter of transfer of the above said 4587 Teachers and there was arbitrariness on the part of any authority, it would be appropriate for those Teachers to file writ petition. When no Teacher feels aggrieved, it is really surprising that the Association has come up with this writ petition, that too when there is no protest at the time of transfer counseling.

7.Going by the settled law, more particularly, in respect of transfer matters of Teachers, I am of the view that the writ petition filed by the petitioner in the capacity of Association cannot be maintainable. In the result, the writ petition fails and accordingly, the same is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

24.06.2014

jbm

Index : Yes/No

Internet:Yes/No

Note:- Issue copy on 30.06.2014.

To

1 THE PRINCIPAL SECRETARY

TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT

TAMIL NADU FORT ST. GEORGE CHENNAI-9.

2 THE DIRECTOR OF SCHOOL

EDUCATION DPI CAMPUS COLLEGE ROAD CHENNAI-

6.

3 THE DIRECTOR OF ELEMENTARY

EDUCATION DPI CAMPUS COLLEGE ROAD CHENNAI-

6.

S.NAGAMUTHU,J.

Jbm

W.P.No.16328 of 2014