G.Maheswari Vs The Joint Director of School Education (Higher Secondary)

The Joint Director of School Education (Higher Secondary) Directorate of School Education Perasiriyar Anbazhagan Kalvi Valagam College Road Chennai-600 006.

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The Chief Educational Officer Tirupattur District Tirupattur. … Respondents

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Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order dated 01.04.2026 passed in W.P.No.12269 of 2026.

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Page Nos.1/8

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https://www.mhc.tn.gov.in/judis

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2026:MHC:2199

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W.A.No.1377 of 2026

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For Appellant : Mr.J.Jayamalan For Respondents : Dr.R.Gouri Government Counsel

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J U D G M E N T

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[Made by S. M. SUBRAMANIAM, J., ]

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The present intra-Court appeal has been instituted challenging the writ order dated 01.04.2026 passed in W.P.No.12269 of 2026. The writ petitioner is the appellant.

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The appellant is holding the post of Head Master in a Higher Secondary School. During Covid-19 pandemic period, the Government of Tamil Nadu introduced a scheme, namely, “Illam Thedi Kalvi Scheme”. In order to implement the scheme effectively for the benefit of the children during Covid-19 pandemic period, the appellant was posted as Assistant Project Officer [APO] on deputation.

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The competent authorities, received several complaints regarding the functioning of the appellant as Assistant Project Officer under the

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https://www.mhc.tn.gov.in/judis

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W.A.No.1377 of 2026

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“Illam Thedi Kalvi Scheme”. Thus, on receipt of complaints and in lieu of placing the appellant under suspension, the appellant was transferred from the Post of Assistant Project Officer to the post of Head Master, Government Higher Secondary School, Koratti. Pertinently, the distance between the scheme place and the transferred place is 8 km within the Tirupathur District. The Headmaster, who is expected to perform her duties diligently and dedicatedly for the upliftment and development of the students studying in the Higher Secondary School, set out a claim against the officials by stating that the transfer has been imposed by way of punishment.

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The main contention of the appellant is that though the transfer has been made within the same district and to a nearby place, it was issued by way of punishment and therefore, the order of transfer is to be set aside.

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The writ Court found that the appellant was posted on deputation for the effective implementation of the Government Scheme and on account of certain complaints, she was transferred to her regular post i.e., Headmaster of Government Higher Secondary School. Therefore, none

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W.A.No.1377 of 2026

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of her service rights have been violated and accordingly, the writ petition

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was dismissed.

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The legal principles governing the Administrative transfers are

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that:

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(i) Administrative transfers are incidental to service and conditions of service;

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(ii) When transfer is an administrative decision, ordinarily no application or writ is entertainable before the Court of Law;

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(iii) If any allegation of malafides are established beyond any pale of doubt, then alone the Courts will be in a position to interfere with such orders of administrative transfers;

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(iv) Place or post can never be the choice of an employee;

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(v) Organisational requirements and public interest are of paramount importance;

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(vi) Transfers are unavoidable in Government Departments for efficient public administration, which is a

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2026:MHC:2199

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W.A.No.1377 of 2026

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constitutional mandate;

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(vii) Courts cannot interfere with day-to-day administration of the Government Departments / Organisations and such interference undoubtedly would cause prejudice to the interest of efficient administration;

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(viii) It is the administrative prerogative of the Executive Authority to take decisions regarding transfers and posting of an employee in a particular place and post in order to ensure effective public administration;

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(ix) Routine interference in administrative transfers by the Courts would fall beyond the realm of the powers of judicial review;

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(xi Personal / family grievances, if any, existed to the employees, they may approach the Executive Authority for redressal;

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(xi) Courts are not expected to show any misplaced sympathy in the matters of administrative transfers which would cause inconvenience to the public administration.

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W.A.No.1377 of 2026

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In the present case, the learned Government Counsel for the

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respondents would submit that complaints of serious allegations have been received by the competent authorities while implementing the “Illam Thedi Kalvi Scheme”. Therefore, an administrative decision was taken to transfer the appellant to her original post of Headmaster, Government Higher Secondary School, Korati in the same district. Thus, it is an administrative decision.

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Transfers can be issued in lieu of suspension in certain circumstances. To avoid suspension of an employee, on receipt of such complaints, a transfer may be effected in the interest of administration and such transfers per se cannot be construed as punishment. Therefore, this Court is of the considered view that the decision arrived at by the writ Court is in consonance with the legal position governing administrative transfers.

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Though this Court is inclined to impose costs in the present

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matter, taking a lenient view of the case, it declines to impost costs.

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2026:MHC:2199

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W.A.No.1377 of 2026

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Accordingly, the Writ Appeal stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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(S.M.S.,J.) (N.S.,J.)

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12.06.2026

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Index : Yes Neutral Citation : Yes Speaking order

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mk

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To

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The Joint Director of School Education (Higher Secondary) Directorate of School Education Perasiriyar Anbazhagan Kalvi Valagam College Road Chennai-600 006.

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