Citation : 2025 Latest Caselaw 4686 Mad
Judgement Date : 10 June, 2025
W.A(MD)No.1420 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A(MD)No.1420 of 2025
and
C.M.P(MD)No.8437 of 2025
1.The Revenue Divisional Officer,
Sivagangai,
Sivagangai District.
2.The Tahsildar,
Thiruppuvanam Taluk,
Sivagangai District. ... Appellants /
Respondents 1 & 2
Vs.
1.S.Jeyalakshmi ... 1st Respondent /
Petitioner
2.Seethalakshmi ... 2nd Respondent /
3rd Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the
order passed in W.P(MD)No.8628 of 2025 dated 04.04.2025 on the file of this
Court and allow the above Writ Appeal.
For Appellants : Mr.N.Satheesh Kumar
Additional Government Pleader
1/5
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W.A(MD)No.1420 of 2025
For Respondents : Mr.Prasanna Vinoth
for Mr.Suresh
JUDGMENT
(Judgment of the Court was made by G.R.Swaminathan J.)
Heard both sides.
2.The writ petitioner / S.Jeyalakshmi was posted as Village
Administrative Officer in Kothankulam Village, Thiruppuvanam Taluk. Vide
order dated 07.03.2025, the Revenue Divisional Officer, Sivagangai transferred
her to S.Karaikudi Village Group, Manamadurai Taluk. The transfer order was
questioned in W.P(MD)No.8628 of 2025. The learned single Judge taking into
account the special facts and circumstances obtaining in this case kept the order
in abeyance till the general counselling takes place. Challenging the order of
the learned single Judge, the department has filed this Writ Appeal.
3.We fully endorse the stand of the learned Additional Government
Pleader that a transfer order could not have been put on hold on the grounds set
out in the order of the learned single Judge. It is true that the writ petitioner is
having college going children and that she appears to be a single parent. But
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these are not grounds on which judicial interference can be made. We therefore
set aside the order impugned in this Writ Appeal.
4.The learned counsel appearing for the writ petitioner states that the writ
petitioner would report for duty in the transferred place by tomorrow
(11.06.2025) morning 10.30 a.m without waiting for the certified copy of this
order. If the writ petitioner abides by this undertaking, notwithstanding the
other stipulations that may be set out, the writ petitioner is permitted to
participate in the general counselling for transfer that is to be held next month.
He further states that the writ petitioner salary has not been paid.
5.The learned Additional Government Pleader points out that the writ
petitioner had been absent.
6.We permit the writ petitioner to submit a proper application to
regularise her absence. We direct the authority concerned to immediately pass
order on the writ petitioner's request. The period of absence will be adjusted
against the writ petitioner's eligibility and thereafter her salary will be settled.
This exercise shall be completed within a period of two months from the date of
receipt of a copy of this order.
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7.With the aforesaid liberty to the writ petitioner, this Writ Appeal is
allowed. There shall be no order as to costs. Consequently, connected
miscellaneous petition is closed.
[G.R.S., J.] [K.R.S., J.]
10.06.2025
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
MGA
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/06/2025 05:50:16 pm )
G.R.SWAMINATHAN, J
and
K.RAJASEKAR, J.
MGA
10.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/06/2025 05:50:16 pm )
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