Madras High Court
S.Unaicy Christy Jothi vs The Chief Educational Officer on 6 December, 2022
W.A.(MD) No.451 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD) No.451 of 2022
and
C.M.P.(MD) No.4322 of 2022
S.Unaicy Christy Jothi ... Appellant
-vs-
1.The Chief Educational Officer
Chief Education Office
Pudukkottai-01
2.The District Educational Officer
District Education Office
Pudukkottai-01
3.The Block Educational Officer-I
Block Educational Office
Pudukkottai-01
4.The Block Educational Officer-II
Block Educational Office
Pudukkottai-01
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W.A.(MD) No.451 of 2022
5.The Block Educational Officer-III
Block Educational Office
Pudukkottai-01
6.The Head Master
T.E.L.C.Middle School
North 3rd to 5th Street
Pudukkottai-01 ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 05.04.2022, passed in W.P.(MD) No.6268 of 2022, on the file of
this Court.
For Appellant : Mr.K.Baalasundharam
For Respondents : Mr.D.Sadiq Raja
Additional Government Pleader for R1 to R5
JUDGMENT
[Judgment of the Court was made by D.KRISHNAKUMAR, J.]
Challenge in this writ appeal is to the order dated 05.04.2022,
passed in W.P.(MD) No.6268 of 2022, by the Writ Court, whereby and
whereunder, the order dated 11.03.2022, passed by the respondents 3 to 5
temporarily deputing the appellant from T.E.L.C. Middle School to Municipal
Middle School has been confirmed.
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W.A.(MD) No.451 of 2022
2. According to the appellant, on 20.06.1988, she was appointed
as a Secondary Grade Teacher in T.E.L.C.Middle School, Nagapattinam
District. On 11.06.1991, she was transferred the said School to
T.E.L.C.Middle School, Pudukkottai and on 05.07.1998, she was granted
Selection Grade and subsequently, on 05.07.2008, she was granted Special
Grade. In such circumstances, on 11.03.2022, she was transferred to
T.E.L.C.Middle School Pudukkottai to the Municipal Middle School,
Pudukkottai. Aggrieved over the same, she filed W.P.(MD) No.6268 of 2022
and the Writ Court, by order dated 05.04.2022, dismissed the writ petition
holding that the appellant has no legal right to challenge the transfer order,
since it is only a temporary deputation order. Challenging the same, the writ
petitioner has preferred this writ appeal.
3. Heard the learned counsel for the appellant and the learned
Additional Government Pleader for the respondents 1 to 5 and perused the
materials available on record.
4. On perusal of the deputation order impugned in the writ
petition as well as the impugned order passed by the Writ Court, we are of the
view that the appellant has been transferred within the same Town
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W.A.(MD) No.451 of 2022
i.e.Pudukkottai Town, more specifically, within two kilometers. Further, as
rightly observed by the Writ Court, the impugned transfer is nothing but a
temporary transfer, which would not cause any infringement of right or
violation of service conditions and it has been passed only on administrative
grounds. Therefore, we are of the view that the order passed by the Writ Court
does not warrant interference of this Court and therefore, we are not inclined
to entertain this writ appeal.
5. Accordingly, the writ appeal fails and it is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
[D.K.K., J.] [R.V., J.]
06.12.2022
Index : Yes / No
Internet : Yes / No
krk
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https://www.mhc.tn.gov.in/judis
W.A.(MD) No.451 of 2022
To:
1.The Chief Educational Officer,
Chief Education Office,
Pudukkottai-01.
2.The District Educational Officer,
District Education Office,
Pudukkottai-01.
3.The Block Educational Officer-I,
Block Educational Office,
Pudukkottai-01.
4.The Block Educational Officer-II,
Block Educational Office,
Pudukkottai-01.
5.The Block Educational Officer-III,
Block Educational Office,
Pudukkottai-01.
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.451 of 2022
D.KRISHNAKUMAR, J.
and
R.VIJAYAKUMAR, J.
krk
W.A.(MD) No.451 of 2022
and
C.M.P.(MD) No.4322 of 2022
06.12.2022
____________
https://www.mhc.tn.gov.in/judis
