JUDGEMENT
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(1.) These Writ Petitions are taken up for final disposal and disposed of by way of common order, since the issues involved in these Writ
Petitions are similar in nature.
(2.) The petitioners have filed these writ petition, seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records in
relation to para 4 (II)(ii) of G.O.(1D) No.217, School Education
(S.E.5(1)) department dated 20.06.2019 issued by the 1st respondent
and quash the same in so far as the petitioners are concerned and
consequently quash the proceedings issued in Na.Ka.No.7574/E3/2019
dated 30.08.2019 issued by the 3rd respondent and issue a direction to
the respondents to allow the petitionesr to continue to work as
Secondary Grade Teacher at their respective Panchayat Union Middle
Schools, Madukkarai Panchayat Union, Coimbatore District.
(3.) The case of the petitioners is that they were appointed as Secondary Grade Teachers on 04.09.2001, 03.01.2006, 17.12.2012
and 15.12.2000 at different places and they were transferred to
Madukkarai Panchayat Union on 15.11.2003, 30.07.2012, 06.02.2014
and on 12.06.2002 respectively at different Schools. The petitioners
were working as Secondary Grade Teachers for more than 5 years and
they are not surplus teachers. Thereafter, the 3rd respondent by the
letter bearing Na.Ka.No.7574/E3/2019 dated 30.08.2019 transferred
the petitioners from one Panchayat Union to another Panchayat Union.
The petitioners also joined the transferred place by obeying the order
of the 3rd respondent. As per G.O.(1D) No.217, School Education
(S.E.5(1)) department dated 20.06.2019 issued by the 1st respondent,
on surplus of post, the station junior shall be redeployed from one
union to another union. The said Clause is violative of Rule 9 of Tamil
Nadu elementary Educational Subordinate Service Rules. As per the
seniority list on 01.01.2019, the juniors to petitioners in the list of
Secondary Grade Teacher for Madukkarai Panchayat Unio, got retained
in the Madukkarai Panchayat Union itself, whereas the petitioners are
transferred from one Union to another Union, which violates the
principles of seniority. Challenging the same, the petitioners have
come out with the present Writ Petitions.;
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