Madras High Court
The Director Of School Education vs V.Viji on 22 October, 2021
Writ Appeal No.2154 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2021
CORAM :
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
Writ Appeal No.2154 of 2018
1. The Director of School Education,
College Road, Chennai - 600 006.
2. The Joint Director of School Education (Personnel)
College Road, Chennai - 600 006.
3. The Chief Educational Officer,
Villupuram District, Villupuram.
4. The District Educational Officer,
Villupuram District, Villupuram. ... Appellants
vs.
V.Viji ... Respondent
Writ Appeal filed under Clause 15 of Letters Patent against the order
dated 19.06.2012 passed by this Court in W.P.No.15399 of 2012.
For Appellants : Mr.K.Tippu Sulthan,
Government Advocate
For Respondent : No Appearance
Page No.1 of 4
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Writ Appeal No.2154 of 2018
JUDGMENT
(Judgment of the Court delivered by R.VIJAYAKUMAR,J.)
Respondents in the Writ Petition are the Appellants herein challenging
the order dated 19.06.2012 passed by the learned Single Judge in
W.P.No.15399 of 2012. The Respondent in the present Appeal had
challenged the order of transfer, in which, a clause was included that, once
she is transfered from one unit to another, the Teacher will be placed in the
junior-most capacity to the Graduate teacher, who had already joined service
in the transfered unit. This clause was challenged before the learned Single
Judge in W.P.No.15399 of 2012.
2. The learned Single Judge, after relying upon two decisions of
this Court in W.P.No.9118 of 2012, dated 16.04.2012 and another judgment
in the case of A.Mani vs. The Director of Elementary Education reported
in 2008 Writ L.R. 213, had allowed the Writ Petition, setting aside clause 3
of the transfer order, wherein, seniority was fixed. Challenging the said order
of the learned Single Judge, the present Appeal has been filed by the
Authorities concerned.
3. The issue with regard to seniority of the Teachers transfered from
one unit to another on their request, is no longer res integra. A Division
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Writ Appeal No.2154 of 2018
Bench of this Court in W.A.No.2723 of 2012 vide judgment dated
14.12.2012, has held that, once Teachers get transferred on their request from
one unit to another unit, they should necessarily be placed as juniors to other
Teachers. The said order of the Honourable Division Bench was followed by
another Division Bench in a batch of Writ Appeals in W.A.Nos.1211 and
1213 of 2019 and W.A.Nos.1782, 1825 and 2031 of 2018, vide judgment
dated 18.06.2019, holding that, transfer orders will always be subject to the
said condition that, once Teachers are transferred from one unit to another,
they will lose their seniority and they will necessarily be placed as junior-
most to the Graduate Teachers, who are already functioning there.
4. In view of these two Division Bench judgments, the order of the
learned Single Judge deserves to be interfered with and the order dated
19.06.2012 passed in W.P.No.15399 of 2012, is set aside.
In fine, the Writ Appeal is allowed. No costs. Consequently,
connected C.M.P.No.16664 of 2018 is closed.
[S.V.N.,J.] [R.V.,J.]
22.10.2021
Index : Yes/No
Speaking Order : Yes/No
(vm/aeb)
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Writ Appeal No.2154 of 2018
S.VAIDYANATHAN,J.
AND
R.VIJAYAKUMAR,J.
(aeb)
Judgment in
W.A.No.2154 of 2018
22.10.2021
https://www.mhc.tn.gov.in/judis/
