Petitioners challenged a transfer of other P.G. Assistants in Kanyakumari District allegedly made without proper counselling. The Court observed that transfer is incidental to service and dismissed the petition, directing the petitioner to participate in future counselling.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2018
CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. (MD) No.1439 of 2013
1.T.Babu Selvan
2.L.C.Girija ... Petitioners
Vs.
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to post the petitioners as P.G. Assistants in Physics subject in Kanyakumari District upon the earliest arising of vacancies in the said post.
For petitioners : T.Antony Arul Raj For Respondents : Mr. R.Sethuraman
Special Government Pleader
O R D E R
The learned counsel for the writ petitioner made a submission that during the relevant point of time, without conducting proper counselling as per the Government instructions, the authorities at their whims and fancies transferred five persons as P.G. Assistant in Kanyakumari District.
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Assistant Registrar(CS-II)
/True Copy/
Sub Assistant Registrar
To
+1cc to The Spl. Government Pleader Sr.No.49823
PNN
VB/KK/SAR4/06.03.2018/2P/5C
ORDER MADE IN W.P. (MD) No.1439 of 2013 19.02.2018
3 issues framed by the court
Whether the writ petitioner was entitled to a direction to post him as P.G. Assistant in Physics upon the arising of vacancies.
Whether the impugned transfer of other persons without proper counselling should be interfered with.
Whether availability of information to participate in counselling was a mandatory condition for posting.
T.Babu Selvan
L.C.Girija
The Director of School Education
The Joint Director, (Higher Secondary Education)
The Chief Educational Officer, Nagercoil
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
