Madras High Court
G.Rajeshwari vs The State Of Tamil Nadu on 26 August, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
2025:MHC:2108
W.A.(MD) No.2450 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
and
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A.(MD) No.2450 of 2025
and
C.M.P.(MD) No.14167 of 2025
G.Rajeshwari ... Appellant
-vs-
1.The State of Tamil Nadu
rep.by its Principal Secretary
to Government
School Education Department
St.George Fort, Chennai
2.The Director of School Education
O/o.The Director of School Education
DPI Campus, College Road
Nungambakkam, Chennai
3.The Joint Director of School
Education (Higher Secondary)
O/o.The Joint Director of School
Education (Higher Secondary)
DPI Campus, College Road
Nungambakkam, Chennai
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W.A.(MD) No.2450 of 2025
4.The Chief Educational Officer
O/o.The Chief Educational Officer
Madurai District, Madurai
5.Aruljothi ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 04.07.2025, passed in W.P.(MD) No.18306 of 2025, on the file of
this Court.
For Appellant : Mr.M.Mohamed Zamil
for M/s.Ajmal Associates
For Respondents : Mr.J.Ashok
Additional Government Pleader for R1 to R4
JUDGMENT
[Judgment of the Court was made by S.M.SUBRAMANIAM, J.]
This intra court appeal is directed against the order of the learned
Single Judge, dated 04.07.2025, passed in W.P.(MD) No.18306 of 2025.
2. The writ petitioner is the appellant in this writ appeal. The writ
petition has been instituted challenging the order of transfer issued by the
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Joint Director of School Education (Higher Secondary) vide proceedings dated
02.07.2025, transferring the appellant from Thiru Nagar, Madurai District to
Thailapuram, Virudhunagar District, which is an adjacent District. The Writ
Court considered the case of the appellant and granted liberty to submit a
fresh representation to the competent authority to reconsider the transfer
order. Being not satisfied with the said order, the present intra court appeal
came to be instituted.
3. Learned counsel for the appellant would submit that the
transfer order is punitive in nature and it has been issued based on the
complaints received. Punitive transfers are impermissible and therefore, the
writ order is liable to be set aside
4. Learned Additional Government Pleader appearing for the
respondents 1 to 4 opposed the above submissions of the learned counsel for
the appellant by stating that based on frequent complaints, the appellant was
transferred to the nearby district in the interest of the students studying in
the school. When the Education Department received frequent complaints
against the appellant, who was holding the post of Headmistress, she was
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transferred to the nearby district on administrative grounds. Thus, this writ
appeal is liable to be rejected.
5. The governing principles for administrative transfers are that:
(i) Transfer is an incidental to service and a condition
of service.
(ii) Administrative transfers cannot be interfered with
by the courts, which all are made for the better
administration of the Government Departments.
(iii) Court cannot run the routine affairs of the
administration in the matters like transfer.
(iv) Transfer per se would not provide a cause for
institution of writ proceedings. An order of
transfer can be challenged on limited grounds ie.,
mala fide or without jurisdiction.
(v) An employee can be transferred based on the
complaints in lieu of disciplinary proceedings. The
competent authority is the best person to decide
these issues, and the power of judicial review for
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interfering with the order of administrative
transfers are undoubtedly limited.
6. Interference of the High Court in routine administrative matters
would cause prejudice to the interest of effective administration. This exactly
is the reason why the constitutional courts have time and again reiterated that
writ petitions against the transfer cannot be entertained by the High Court in
a routine manner.
7. Place or post can never be a choice of an employee. An
employee is expected to work wherever he / she is posted in the interest of
public and in the present case, in the interest of the students studying in
school.
8. The teachers and headmasters in the Education Department
are getting decent salary from the taxpayers money. Despite the same, they
enjoy more number of holidays over and above the holidays declared for the
employees of the other Departments. When the teaching post is a noble
profession and the future of the children is in the hands of these teachers,
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they are expected to perform their duties in a dedicated manner and mere
transfer would not affect the conditions of service. More so, in the present
case, the appellant was transferred to a nearby district and the distance
between Thirumangalam and Thilapuram is about 50 Kilometers, as per the
submission of the learned counsel for the appellant.
9. In view of the facts and circumstances of the case on hand, this
Court is of the considered view that the appellant has not established even a
semblance of legal right for the purpose of entertaining the present appeal.
10. Accordingly, this writ appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
[S.M.S., J.] [G.A.M., J.]
26.08.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
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To:
1.The Principal Secretary
to Government,
School Education Department,
St.George Fort, Chennai.
2.The Director of School Education,
O/o.The Director of School Education,
DPI Campus, College Road,
Nungambakkam, Chennai.
3.The Joint Director of School
Education (Higher Secondary),
O/o.The Joint Director of School
Education (Higher Secondary),
DPI Campus, College Road,
Nungambakkam, Chennai.
4.The Chief Educational Officer,
O/o.The Chief Educational Officer,
Madurai District, Madurai.
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S.M.SUBRAMANIAM, J.
and
G.ARUL MURUGAN, J.
krk
and
26.08.2025
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