Madras High Court
K. Sathiyamurthy vs The Secretary To Government on 18 May, 2022
W.P. No. 12921 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.05.2022
CORAM
THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM
W.P. No. 12921 of 2022
K. Sathiyamurthy ..Petitioner
Vs.
1. The Secretary to Government,
The Department of School Education,
Fort St. George, Chennai.
2. The Commissioner of School Education,
O/o. Commissioner of School Education,
Nungambakkam, Chennai.
3. The Joint Director of School Education
(Personnel),
O/o. Joint Director of School Education,
Chennai – 600 006.
4. The Chief Education Officer,
O/o. Chief Educational Officer,
Kanchipuram District, Kanchipuram.
5. The District Education Officer,
O/o. District Educational Officer,
Sriperumbudhur, Kanchipuram District. ..Respondents
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W.P. No. 12921 of 2022
Prayer: Petition under Article 226 of the Constitution of India praying
for issue of a Writ of Certiorarified Mandamus to call for the records in
Na.Ka.No. 69836/C2/E1/2021 dated 10.03.2022 on the file of the 3rd
respondent and consequential order passed by 5th respondent in Na.Ka.No.
1150/A1/2022 dated 30.03.2022 and quash the same as illegal, arbitrary and
direct the 3rd respondent to issue posting order to the petitioner as Deputy
Inspector of School in vacant post in the office of District Education Officer,
Chennai (North) or any other place in the light of judgment of this Hon'ble
Court in W.A. (MD) No. 254 of 2022 dated 25.03.2022 and based on the
representation of the petitioner dated 09.04.2022, 22.04.2022 and
29.04.2022.
For Petitioner :: Mr.A. Thiyagarajan,
Senior Advocate for
Mr.S. Ramesh Kumar
For Respondents :: Mr.P. Anandakumar,
Govt. Advocate
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W.P. No. 12921 of 2022
ORDER
An order of administrative transfer issued in proceedings in
Na.Ka.No. 69836/C2/E1/2021 dated 10.03.2022 transferring the writ
petitioner from Sriperumbudhur, Kanchipuram District to Pazhaiyanur,
Tiruvannamalai District is under challenge in this writ petition.
2. The petitioner was appointed as a Secondary Grade Teacher in
the year 1995 and was promoted as Graduate Teacher (Tamil) in the year
2009 and thereafter, worked in various categories and finally, he was posted
as Deputy Inspector of Schools in District Education Officer,
Sriperumbudhur, Kanchipuram District in the year 2014. The petitioner has
been serving for about 6 ½ years in the said place as Deputy Inspector of
Schools. As per the Government's Transfer Policy, an employee is liable to
be transferred after a period of 3 years in one place or station. The order
impugned reveals that the petitioner has been transferred from
Sriperumbudhur, Kanchipuram District to Pazhaiyanur, Tiruvannamalai
District.
3. Transfer is incidental to service, more so, a condition of service.
The power of judicial review under Article 226 of the Constitution of India
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W.P. No. 12921 of 2022
cannot be invoked for the purpose of interfering with administrative transfers
passed by competent authorities. The scope of entertaining a writ petition
against an order of transfer is very limited, unless such orders are tainted
with mala fides or issued by an incompetent authority, but not otherwise.
Thus, High Court cannot interfere with the day to-day administration of the
Government, more specifically, in the matter of administrative transfers. It is
for the competent authority to take a decision for effective functioning of
public offices.
4. In the present case, the petitioner is already serving as Deputy
Inspector of Schools at Sriperumbudhur, Kanchipuram District for more
than 6 years and he has been now transferred to Pazhaiyanur,
Tiruvannamalai District on administrative grounds. If at all, any personal
grievance exists, it is for the petitioner to approach the competent authorities
for redressal. Contrarily, High Court cannot direct the authorities to post the
petitioner in any post or place, which cannot be construed as an absolute
right. Place or post can never be claimed as a matter of choice by public
servants. Thus, this Court is not inclined to entertain the writ petition.
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W.P. No. 12921 of 2022
Accordingly, the writ petition stands dismissed. No costs.
18.05.2022
nv/arr
To
1. The Secretary to Government,
The Department of School Education,
Fort St. George, Chennai.
2. The Commissioner of School Education,
O/o. Commissioner of School Education,
Nungambakkam, Chennai.
3. The Joint Director of School Education
(Personnel),
O/o. Joint Director of School Education,
Chennai – 600 006.
4. The Chief Education Officer,
O/o. Chief Educational Officer,
Kanchipuram District, Kanchipuram.
5. The District Education Officer,
O/o. District Educational Officer,
Sriperumbudhur, Kanchipuram District.
S.M. SUBRAMANIAM,J.
nv/arr
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