S.Sheela Rani v. The Director Of Tribal Welfare Department,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.7689 of 2024 and W.M.P.No.8601 & 8602 of 2024 S.Sheela Rani ....
Petitioner Vs 1.The Director of Tribal Welfare Department, Having office at Ezhilagam, Chennai.
2.The Collector, Erode District, Erode.
3.The District Tribal Welfare Officer, Erode District, Erode.
4.The Special Tahsildar, Welfare of Tribal Community, Sathyamangalam Taluk, Erode District.
5.The Head Master, Government Tribal Residential Higher Secondary School, Aasanur, Thalavadi Taluk, Erode District.
6. Sabeena, 1/6
Head Mistress, Government Tribal Residential School, Gethesal, Thalavadi Taluk, Erode District.
....
Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned transfer order issued by the third respondent in his proceedings in Na.Ka.No.4206/2024/Tha1 dated 15.03.2024 quash the same as illegal, bias and arbitrary and consequently directing the third respondent to permit the petitioner to discharge her duties at Government Tribal Residential School at Aasanur, Thalavadi Taluk, Erode District by considering the petitioner's representation dated 16.03.2024. For Petitioner : Mr.M.Dinesh For R1 to R4 : Mrs.R.L.Karthika Government Advocate
ORDER
This Writ Petition has been filed challenging the order of transfer passed by the third respondent dated 15.03.2024.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 to 4.
3. The petitioner was appointed as Secondary Grade Teacher in the Government Tribal Resident Middle School, Thalamalai, Thalavadi 2/6
Taluk, Erode District. Thereafter, she was promoted to the post of Head Mistress in the Primary School, Poolapalayam, Adi Dravidar Welfare School, Thalavadi Taluk, Erode District. Now the petitioner is transferred to Government Tribal Residential School, Gethesal, Thalavadi Taluk, Erode District.
4. The learned counsel appearing for the petitioner would submit that the sixth respondent was suspended from service. Thereafter, she was reinstated and in order to accommodate her, now the petitioner is disturbed and transferred to the School in which the sixth respondent has already been working. The order of transfer was not served with the petitioner . It is also punitive in nature. She further submitted that the transfer order has been issued in the middle of the Academic Year.
5. It is seen from the records that now the petitioner has been transferred from the Government Tribal Residential School, Aasanur, Thalavadi Taluk to the Government Tribal Residential School, Gethesal, Thalavadi Taluk, Erode District. It is nearby school and also due to administrative reason, she was transferred. Now the sixth respondent had 3/6
joined in the post of Head Mistress in the Government Tribal Residential School, Aasanur, Thalavadi Taluk. Therefore, the petitioner's request was denied and relieved from the post of Head Mistress in the Government Tribal Residential School, Aasanur, Thalavadi Taluk. Hence, this Court finds no infirmity or illegality in the order of transfer passed by the third respondent dated 15.03.2024.
6. Accordingly, this Writ Petition stands dismissed. The petitioner is directed to join duty in the Government Tribal Residential School, Gethesal, Thalavadi Taluk, Erode District within a period of one week from today. Consequently, connected miscellaneous petitions are closed. No costs.
21.03.2024 Index:Yes/No Speaking Order: Yes Lpp Note : Issue order copy on 22.03.2024 To 1.The District Collector, Tirupur District, Tirupur - 641 604.
2.The Commissioner, 4/6
Gudimangalam Panchayat Union, Pedappampatti Post, Tirupur District.
3.The Commissioner, Kundadam Panchayat, Tirupur District.
G.K.ILANTHIRAIYAN, J.
Lpp 5/6
W.P.No.7689 of 2024 21.03.2024 6/6