Petitioner teacher challenged transfer order as punitive due to pending complaints. Court held transfer was administrative to maintain school peace, affirmed order, and directed petitioner to join new posting.
Petitioner directed to join duty at new school immediately without leave; transfer order confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT 13/11/2013 CORAM
THE HONOURABLE MR. JUSTICE S.NAGAMUTHU
W.P.(MD) No.1456 of 2013
A.Davidson Tharmaraj Secondary Grade Teacher Government Higher Secondary School Ayikudi Tirunelveli District. ... Petitioner vs 1. The Chief Educational Officer, Tirunelveli. 2. The Headmaster Government Higher Secondary School Ayikudi Tirunelveli District. 3. M.Ganesan ... Respondents
(Third respondent has been impleaded as per the order of this Court made in M.P.No.3 of 2013 by order dated 04.10.2013)
Writ petition is filed under Article 226 of the Constitution of India praying for an issuance of a writ of Certiorari to call for the records relating to the impugned proceedings bearing Na.Ka.No.10031/A5/12 dated 31.12.2012 passed by the 1st respondent and quash the same.
For Petitioner : Mr.S.Murugan For Respondents : Mr.S.Kumar for R1 and R2 Additional Government Pleader Mr.A.Sivaji for R3
ORDER
The petitioner is presently working as a Secondary Grade Teacher at Government Higher Secondary School at Ayikudi in Tirunelveli District. The first respondent by his proceeding in Na.Ka.No. 10031/A5/12, dated 31.12.2012 has transferred the petitioner to the Government Boys Higher Secondary School at Pavoorchatram in the same district. Challenging the said order, the petitioner has come up with this writ petition.
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In those complaints, certain allegations had been made against the petitioner. A show cause notice was issued to the petitioner in respect of the such allegations and no final order has been passed in the matter. While so, based on the above said two complaints, the petitioner has been now transferred by way of the impugned order. That is why, according to the learned counsel for the petitioner, the impugned order is not an order made on administrative grounds and it has been made only as a punitive measure. The learned counsel would further rely on the decision of the Hon'ble Supreme Court in Somesh Tiwari vs. Union of India and others reported in (2009) 3 MLJ 727 (SC), wherein the Hon'ble Supreme Court has held that if the order of transfer has been made in lieu of punishment, the same is liable to be set aside as the same is wholly illegal. In other words, according to the learned counsel, the order of transfer made by way of public measure without affording an opportunity and without holding an enquiry is violative of principles of natural justice as well as Article 14 of the Constitution of India.
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Though it is true that the complaints of the Headmaster as well as the President of Parent Teachers Association have been referred to in the transfer order, the transfer order does not spell out that the transfer has been made on account of the allegations made against the petitioner. Apart from that, the petitioner has not been penalised in any manner by transferring him to a longer distance. Above all, a Teacher cannot be equated to any other Government servant. In a school atmosphere what is required of is a peaceful atmosphere to conducive the students to study. There should not be any fight going on between the parent teacher association and a teacher and the Headmaster and a teacher. If this situation persists in the school, that will surely spoil the atmosphere of the school and it will not be conducive for the students to pursue their studies. Having regard to the facts and circumstances, the petitioner has been transferred. In my considered opinion, this transfer is in the interest of the student community. This order cannot be either construed as a punishment or as an order made as a punitive measure.
Sd/-
Assistant Registrar
/True Copy/
Sub-Assistant Registrar
To
W.P.(MD) No.1456 of 2013 13.11.2013
RR
msm 04.12.2013 p3-6c
3 issues framed by the court
Whether a short-distance transfer of a government teacher amidst school complaints amounted to a punitive measure violating principles of natural justice.
Whether the High Court has jurisdiction to interfere with a government order transferring a teacher on administrative grounds.
Whether the transfer was made in public interest to maintain peace and academic environment rather than as punishment.
A.Davidson Tharmaraj
The Chief Educational Officer, Tirunelveli
The Headmaster Government Higher Secondary School Ayikudi
M.Ganesan
S.Nagamuthu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
