Madras High Court
The Commissioner vs K.Amutha on 15 July, 2021
W.A.(MD).No.545 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD).No.545 of 2021
and
C.M.P(MD).No.2464 of 2021
1.The Commissioner,
Adi-Dravidar Welfare Department,
Chennai.
2.The District Adi-Dravidar and Tribal,
Welfare Officer,
Thanjavur District,
Thanjavur. ... Appellants
Vs.
K.Amutha ... Respondent
Prayer: Writ Appeal is filed under Clause 15 of Letters Patent, to set
aside the order dated 29.11.2019 made in W.P(MD).No.1184 of 2011 on
the file of this Court.
For Appellants : Mr.R.Baskaran
Standing counsel for Government
For Respondent : Mr.V.Paneerselvam
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1/5
W.A.(MD).No.545 of 2021
JUDGMENT
(Order of the Court was made by T.S.SIVAGNANAM,J.)
This writ appeal filed by the Commissioner of Adi Dravidar
Welfare Department, is directed against the order dated 29.11.2019,
passed in W.P(MD).No.1184 of 2011.
2.Heard Mr.R.Baskaran, learned Standing counsel for
Government appearing for the appellants and Mr.Mr.V.Paneerselvam
learned counsel appearing for the respondent / writ petitioner.
3.The question involved is whether the respondent can be
compelled to forego the seniority, when she was transferred along with
several others on the ground that the post has become surplus. The stand
taken by the department before us that the transfer was effected on the
request made by the respondent. In fact, before the writ Court, an
identical stand was taken and the learned Single Bench has recorded that
the transfer is not a requested transfer but, a transfer on the ground of
surplus teachers. That apart, in the order of transfer by proceedings,
dated 01.09.2003, nowhere indicates that it is a requested transfer.
https://www.mhc.tn.gov.in/judis/
W.A.(MD).No.545 of 2021
4.We are informed by the learned counsel for the respondent
that the learned Single Bench adjourned the writ petition for more than
three occasions to enable the department to substantiate their contention
that the writ petitioner made a request for transfer. But, the department
was not able to produce any documents or letter to the said effect which
would go to show that there was no request made by the respondent for
being transferred thrice to three different districts.
5.Thus, we find that there are no grounds made out to
interfere with the orders passed in the writ petition.
6.Accordingly, the writ appeal fails and the same is
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
[T.S.S., J.] & [S.A.I., J.]
15.07.2021
Index : Yes / No
Internet : Yes / No
RM
https://www.mhc.tn.gov.in/judis/
W.A.(MD).No.545 of 2021
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.A.(MD).No.545 of 2021
T.S.SIVAGNANAM., J.
and
S.ANANTHI., J.
RM
JUDGMENT MADE IN
W.A.(MD).No.545 of 2021
15.07.2021
https://www.mhc.tn.gov.in/judis/
