Madras High CourtWP/28730/2015disposed of

Pon Murugan v. The District Educational

2015-09-11Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 11.09.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.28730/2015 & MP.No.1/2015 Pon Murugan .. Petitioner Vs

1. The District Educational Officer Office of the DEO, Thindivanam, Villupuram District.

2. The Head Master Government Higher Secondary School Karasanoor.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of certiorari calling for the records of the 1st respondent, in his proceedings Na.Ka.No.4264/A1/2015 dated 25.08.2015 and quash the same.

For Petitioner : Mr.S.Senthil Nathan For RR 1 & 2 : Mr.S.Gunasekaran, GA

O R D E R

By consent, the writ petition is taken up for final disposal. The petitioner, while working as Junior Assistant at Government Higher Secondary School, Karasanoor, is said to have exposed the financial irregularities of the 2nd respondent in the form of representation dated 27.07.2015 to the 1st respondent and as a sequel to the said incident, under the guise of transfer on administration grounds, the petitioner has been transferred about 65 Kms away from the present place of posting and challenging the illegality of the same, the petitioner has filed this present writ petition.

Learned counsel for the petitioner would submit that since the petitioner has exposed the misdeeds of the 2nd respondent, due to malafide reasons, he has been transferred and though it has been stated that on administrative reason the petitioner was transferred, it is not so and the 2nd respondent has managed to get out of the place in which he is working so as to enable him to carry on the illegal activities. It is also the submission of the learned counsel for the petitioner that the petitioner has got https://hcservices.ecourts.gov.in/hcservices/

transferred to the Government Higher Secondary School, Karasanoor on his own request, due to family circumstances and since he has been transferred to a place which is about 65 Kms away from the present place, he and his family members would suffer very much. It is also contended that nobody has been posted in his place on account of the impugned order of transfer and prays for appropriate orders.

Heard Mr.S.Gunasekaran, learned Government Advocate who accepts notice on behalf of the respondents.

Though the petitioner has sought for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, permits the petitioner to submit a representation to the 1st respondent seeking revocation of the order of transfer and posting him in the very same place, within a period of two weeks from the date of receipt of a copy of this order and the 1st respondent, on receipt of the same, is directed to consider the same in accordance with law and pass orders within a further period of four weeks thereafter and till then, the respondents shall maintain status quo as exists today. The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed. -Sd/- Assistant Registrar //True copy// Sub Assistant Registrar AP To 1.The District Educational Officer Office of the DEO, Thindivanam, Villupuram District.

2.The Head Master Government Higher Secondary School Karasanoor.

+1 cc to Mr.S.Senthilnathan,Advocate(sr.49755) +1 cc to Government Pleader(sr.49934) W.P.No.28730/2015 sv(co) cp 29/09/2015 https://hcservices.ecourts.gov.in/hcservices/