L.Prabhakaran v. The Director Of Rural
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2018
CORAM
THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE M.DHANDAPANI W.A.Nos.1098 to 1100 of 2018 and C.M.P.Nos.9903 to 9005 of 2018 L.Prabhakaran ...
Appellant in W.A.No.1098/2018/Petitioner P.Rajesh ...
Appellant in W.A.No.1099/2018/Petitioner G.Rameshkumar ...
Appellant in W.A.No.1100/2018/Petitioner -vs1.The Director of Rural Development and Panchayat Raj, Chennai-15.
2.The District Collector, The Nilgiris District, Udhagamandalam.
...
Respondents in all the W.As./Respondents W.A.No.1098 of 2018 filed under Clause 15 of Letters Patent, against the order passed by this Court in W.P.No.5687 of 2018 dated 20.03.2018.
W.A.No.1099 of 2018 filed under Clause 15 of Letters Patent, against the order passed by this Court in W.P.No.5688 of 2018 dated 20.03.2018.
W.A.No.1100 of 2018 filed under Clause 15 of Letters Patent, against the order passed by this Court in W.P.No.5689 of 2018 dated 20.03.2018.
W.P.5687 to 5689/2018:
Petitions filed under Article 226 of the constitution of India, to issue a Writ of Certiorari calling for the records of the 1st Respondents in Proc.No. 101410/2017/VC 2-2 dated 15.02.2018 and quash the same in so far as the petitioners are concerned.
For Appellant ::
Mr.K.Venkatramani, Sr.Counsel in all appeals for Mr.G.Ilamurugu
For Respondents :: Mr.P.S.Sivashanmugasundaram, in all appeals Special Government Pleader COMMON JUDGMENT (Delivered by HULUVADI G.RAMESH, J.) Challenging the proceedings of the first respondent dated 15.02.2018 transferring the appellants herein from The Nilgiris District to various Districts, they filed writ petitions in W.P.Nos.5687 to 5689 of 2018, respectively. It was submitted on behalf of the appellants herein before the Writ Court not to enforce the transfer orders till the completion of the academic year 2017-2018, since they have school going children and that their transfer during the middle of the academic year would fatally affect the studies of their children. Considering the submissions made on either side, the learned single Judge directed the Director of Rural Development and Panchayat Raj, Chennai, to implement the transfer orders after 31.05.2018. 2.Challenging the said common order, the present appeals have been filed.
3.Heard the learned counsel on either side and perused the materials available on record.
4.The appellant in W.A.No.1098 of 2018 has been transferred from The Nilgiris District to Salem. The appellants in W.A.Nos.1099 and 1100 of 2018 have been transferred from The Nilgiris District to Tiruvannamalai District. 5.It appears that consequent to a surprise check conducted on 17.10.2017 at the Panchayat Union Office, Udhagamandalam, The Nilgiris District by the Assistant Director of Fisheries, Udhagamandalam, The Nilgiris District, along with the officials of the Vigilance and Anti Corruption, there found to be some misconduct on the part of the appellants and in that circumstance it was decided to transfer them from the Panchayat Union Office, Udhagamandalam, The Nilgiris District, immediately to a far-away place in non-sensitive posts.
6.It is the contention of the appellants that the transfer orders have been passed in an arbitrary manner and there cannot be any order of transfer in lieu of departmental proceedings. 7.However, it is seen that the said transfers orders have been passed by the authorities due to administrative reasons. Further, the learned single Judge has granted time to implement the transfer orders after 31.05.2018 thus protecting their interest, taking note of their submission as regards transfer during the middle of the year. It also appears that the transfer orders have been passed as per Section 48(2) of the Tamil Nadu Government Servants Conditions of Service Act and therefore the
transfers will have no effect on their seniority, or their pay and their promotional opportunities.
8.Considering the facts and circumstances of the case, we deem it fit to grant time till 10.07.2018 for the appellants to report in the transferred place. However, the authorities are directed to conclude the enquiry at the earliest and after conclusion of the enquiry, if the appellants are not found guilty of the charges, they can seek transfer to the place from where they have been transferred, viz. Udhagamandalam, The Nilgiris District, or some other nearer place. 9.The writ appeals are disposed of accordingly. No costs. Consequently the connected miscellaneous petitions are closed. -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar KM To 1.The Director of Rural Development and Panchayat Raj, Chennai-15.
2.The District Collector, The Nilgiris District, Udhagamandalam.
+3 Ccs to Mr.G. Ilamurugu, Advocate sr 40446. +1 CC to Govt. Pleader sr 40967.
W.A.Nos.1098 to 1100 of 2018 and C.M.P.Nos.9003 to 9005 of 2018 SR(CO) SP(18/07/2018)