Dismissed

V.Geetha v. the Joint Director of School

Madras HC24 Jan 2018WP(MD)/10350/2011

Case brief

AI extract

What is this about?

A writ petition challenging the cancellation of a government employee's transfer was dismissed. The Court held that transfer is an incidental to service and cannot be claimed as a matter of right. Granting further continuance in the same post for exceptional reasons was not warranted.

What did the court decide?

Writ petition dismissed; no order as to costs; connected miscellaneous petitions closed.

V.Geetha Vs the Joint Director of School — Service and Employment | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2018

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CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.10350 of 2011 and M.P.(MD) No.1 and 2 of 2011 V.Geetha ...Petitioner Vs. 1.The Joint Director of School Education, (Higher Educational Department) Chennai – 1. 2.The Chief Educational Officer, Panagal Building, Thanjavur. 3.The Headmaster, Government Higher Secondary School for Girls, Mariamman Koil, Thanjavur. 4.The Headmaster, Government Higher Secondary School, Kalukupulikadu, Pattukottai Taluk, Thanjavur District. ...Respondents

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PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records in connection with the impugned order passed by the first respondent vide proceedings Ref.No.Na.Ka.No.60448/W3/E1/11 dated 30.08.2011 and quash the same.

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For Petitioner :Mr.V.Balaji For Respondents :Mr.R.Sethuraman Special Government Pleader. O R D E R

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The order of cancellation of transfer is under challenge in this writ petition.

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2.Pursuant to the interim order granted by this Court in this writ petition at the admission stage, the writ petitioner is continuing in the same post for more than 7 years. Transfer is an incidental to service, more so, a condition of service. Post or https://hcservices.ecourts.gov.in/hcservices/ place can never to be claimed as a choice by the Government Employees as a matter of right. The Government Employees are bound

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to work wherever they are posted in public interest and the public administration is of paramount importance and the Government Employees are bound to serve for the welfare of the public with utmost care and devotion to duty. Transfer can never be claimed as the matter of right so also no writ can be entertained against the order of transfer in a routine manner. A transfer can entertained only on limited grounds and on exceptional circumstances. However, in the present case, the writ petitioner continued in the same post for more than 6 years and it is a concession. Thus, further continuance cannot be granted to the writ petitioner. It is for the competent authority to take a decision and pass suitable orders if necessary in the interest of administration.

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3.With these above observations, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. Sd/Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar To 1.The Joint Director of School Education, (Higher Educational Department) Chennai – 1.

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2.The Chief Educational Officer, Panagal Building, Thanjavur.

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3.The Headmaster, Government Higher Secondary School for Girls, Mariamman Koil, Thanjavur.

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4.The Headmaster, Government Higher Secondary School, Kalukupulikadu, Pattukottai Taluk, Thanjavur District.

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+1cc to Mr.NIRANJAN S KUMAR,Advocate,SR.44261 +1cc to M/S.Special Government Pleader,SR. 44330

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W.P.(MD) No.10350 of 2011 and M.P.(MD) No.1 and 2 of 2011 24.01.2018

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https://hcservices.ecourts.gov.in/hcservices/ MM

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MM KK/JC/SAR 4/16.02.2018/ 2P- 7C/

V.Geetha v. the Joint Director of School

Case brief

What is this about?

What did the court decide?

V.Geetha v. the Joint Director of School

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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