M.Mani, S/O. Marimuthu v. The Joint Diercotr Of School

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :: 30.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.34859 of 2005 and WP.MP.37751 of 2005 M.MANI ...

petitioner Vs 1 THE JOINT DIERCOTR OF SCHOOL EDUCATION (PANIYALARTHOKUTHI) TAMILNADU OFFICE OF THE JOINT DIRECTOR OF SCHOOL EDUCATION CHENNAI-6 2 THE CHIEF EDUCATIONAL OFFICER SAIDAPET CHENNAI-15 3 THE HEAD MASTER GOVT. HIGHER SECONDARY SCHOOL URUR ADYAR BESANT NAGAR CHENNAI-20 4 P.MURUGESAN OFFICE ASST DIRECTORATE OF SCHOOL EDUCATION CHENNAI-6 ...

respondents Writ Petition filed under Art.226 of the Constitution of India praying for a Writ of Certiorari calling for the records of the 1st respondent with Ref: Na.Ka.No.48760/R8/04 dt. 18-102005 and quash the same For petitioner ...

Mr.N.Selvaraju For respondents ...

Mr.A.Raja Perumal, A.G.P.

For respondents 1 to 3 No appearance for R-4

O R D E R

The order of administrative transfer issued by the first respondent in proceeding dated 18.10.2005 is under challenge in the present Writ Petition.

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2. The order of transfer dated 18.10.2005 states that the Writ Petitioner was transferred from Government Higher Secondary School, Adyar, Chennai 20 to the Directorate of School Education at Chennai 6. The Writ Petitioner was transferred on administrative grounds. This apart, the learned counsel for the petitioner states that during the pendency of the Writ Petition, the Writ Petitioner was removed from service. However, this Court is of the opinion that transfer is incidental to service, more so a condition of service. Place or post can never be claimed as a matter of choice by a public servant. In view of the fact that the Writ Petitioner is not at all in service now and the order of transfer is in accordance with law, this Court is not inclined to consider the relief as such sought for in the Writ Petition. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, W.P.M.P.No.37751 of 2005 is also dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar tar To 1 THE JOINT DIERCOTR OF SCHOOL EDUCATION (PANIYALARTHOKUTHI) TAMILNADU OFFICE OF THE JOINT DIRECTOR OF SCHOOL EDUCATION CHENNAI-6 2 THE CHIEF EDUCATIONAL OFFICER SAIDAPET CHENNAI-15 3 THE HEAD MASTER GOVT. HIGHER SECONDARY SCHOOL URUR ADYAR BESANT NAGAR CHENNAI-20 +1cc to Government Pleader sr.no.8180 W.P. No.34859 of 2005 nr 14/03/2019 https://hcservices.ecourts.gov.in/hcservices/