J.Santhi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and W.M.P.No.21662 of 2025 W.P.No.19407 of 2025 J.Santhi ... Petitioner Vs.

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Block Development Officer, Kelamangalam Union, Rayakottai Taluk, Krishnagiri.

3. The Personal Assistant to District Collector, Krishnagiri District, Krishnagiri.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for entire records of the first respondent which culminated in the impugned proceedings in Na.Ka.No.12146/2024/X1 dated 02.05.2025 and consequential impugned 1/7

proceedings of the third respondent in Na.Ka.No.12146/2024/X1 dated 02.05.2025 and quash the same as illegal and arbitrary. For Petitioner : Ms.S.Suneetha For Respondents : Mr.N.Naveen Kumar, Government Advocate W.P.No.15353 of 2025 J.Santhi ... Petitioner Vs.

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Block Development Officer, Kelamangalam Union, Rayakottai Taluk, Krishnagiri.

3. The Personal Assistant to District Collector, Krishnagiri District, Krishnagiri.

4. R.Padmavathy ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to issue the charges to the petitioner as the 'noon-meal organiser' in Government Boys Higher Secondary School, Rayakottai pursuant to transfer order issued by the first respondent vide proceedings in 2/7

Na.Ka.No.12146/2024/X1 dated 05.03.2025.

For Petitioner : Ms.S.Suneetha For Respondents : Mr.N.Naveen Kumar, Government Advocate (for R1 & R3) Mrs.K.Vasantha Mala, Government Advocate (for R2) ***** C O M M O N O R D E R The learned counsel for the petitioner would submit that the petitioner was working as Noon Meal Organizer at Government Boys Higher Secondary, Rayakottai and by order dated 11.11.2024, she was transferred to the Panchayat Union Middle School (Urudu), Rayakottai. Subsequently, she was re-transferred vide order dated 05.03.2025 to the Government Boys Higher Secondary School, Rayakottai. It is the submission of the learned counsel for the petitioner that though the petitioner was posted as Noon Meal Organizer Government Boys Higher Secondary School, Rayakottai, she has not been given a charge to perform duty. In the meanwhile, the first respondent passed another order dated 02.05.2025 cancelling the earlier transfer order dated 05.03.2025 and in result, the petitioner is now posted at Panchayat Union Middle School (Urudu), Rayakottai as Noon Meal 3/7

Organizer. In W.P. No. 15353 of 2025, the petitioner has sought for a direction to the the respondents 1 to 3 to issue charge to the petitioner in Government Boys Higher Secondary School, Rayakottai pursuant to the aforesaid transfer order dated 05.03.2025 issued by the first respondent. In W.P. No. 19407 of 2025, the petitioner has challenged the aforesaid order dated 02.05.2025. The ground for challenge is that the petitioner has not been given charge to perform duty at Government Boys Higher Secondary School, Rayakottai and when she raised certain objections, she was transferred to Panchayat Union Middle School (Urudu), Rayakottai.

2. The said contention was strongly objected by the learned Government Advocate. He would further submit that it is the petitioner who had refused to take charge and that there are no impediment for the petitioner to perform her duty.

3. I have given my anxious consideration to the submissions made on either side.

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4. Though there are numerous issues, the point to be considered is whether the order transferring the petitioner to Panchayat Union Middle School (Urudu), Rayakottai is tainted with any malafide intention.

5. While looking at the impugned order dated 02.05.2025, the first respondent has directed the petitioner to join duty at Panchayat Union Middle School (Urudu), Rayakottai as Noon Meal Organizer on administrative grounds. In such view of the matter, this Court does not find any malafide on the part of the transferring authority and there is no infirmity in the transfer order dated 02.05.2025 issued by the third respondent. When it is found that there is no infirmity in the transfer order, the question of directing the first to third respondents to hand over charge to the petitioner in Government Boys Higher Secondary School, Rayakottai does not arise.

6. Accordingly, these Writ Petitions are dismissed. However, if there are any salary arrears, the petitioner is given liberty to submit a representation to the respondents, within a period of one week from the date of receipt of a copy of this order. On such representation, the respondents are directed to consider the same and pass orders on its own merits and in 5/7

accordance with law, within a period of two weeks thereafter. Consequently, the connected Miscellaneous Petition is closed. No costs. 23.06.2025 kv Index : Yes/No Speaking order /Non Speaking Order To

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Block Development Officer, Kelamangalam Union, Rayakottai Taluk, Krishnagiri.

3. The Personal Assistant to District Collector, Krishnagiri District, Krishnagiri.

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C.KUMARAPPAN, J.

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