B.Gopinath v. Director General Of Prisons And Correctional Services,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and W.M.P.Nos.23010 and 23011 of 2025 B.Gopinath ... Petitioner Vs.
1.The Director General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai - 600 008.
2.The Superintendent, Central Prison II, Puzhal, Chennai - 600 066.
3.C.Krishnakumar Superintendent, Central Prison II, Puzhal, Chennai - 600 066.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the respondents relating to the order of transfer issued by the first respondent bearing No.TNPSC/3749/2025-EW3-3 dated 27.05.2025 and the consequent 1/6
relieving order bearing No.2156/Po.1/2025 dated 30.05.2025 issued by the second respondent, and quash the same in so far as the petitioner is concerned and direct the first and second respondents to restrain the petitioner in service in Chennai.
For Petitioner : M/s.Ramapriya Gopalakrishnan For Respondents : Mr.R.U.Dinesh Rajkumar Additional Government Pleader
O R D E R
The instant writ petition has been filed to call for the records of the respondents relating to the order of transfer issued by the first respondent bearing No.TNPSC/3749/2025-EW3-3 dated 27.05.2025 and the consequent relieving order bearing No.2156/Po.1/2025 dated 30.05.2025 issued by the second respondent, and quash the same in so far as the petitioner is concerned and direct the first and second respondents to restrain the petitioner in service in Chennai.
2. The learned counsel for the petitioner would submit that the petitioner is a Grade II Warder in the Central Prison II, Puzhal and he joined service on 08.08.2011.
3. It is the submission of the learned counsel for the petitioner that all 2/6
of a sudden without any rhyme or reason, he has been transferred to Sub Jail, Thirupattur in Sivagangai District and directed to report for duty on 08.06.2025.
4. It is the further submission of the learned counsel for the petitioner apart from directing to report duty at Thirupattur he was also directed to vacate the quarters which has been allotted to him. The petitioner's mother has recently undergone a knee replacement surgery and taking treatment at Chennai. Therefore, his presence at Chennai to take care of his mother is essential. Hence, she prays to grant an interim order.
5. The learned Additional Government Pleader for the respondents would strongly object that the above contention of the learned counsel for the petitioner, he would further contend that the transfer is incident of service and the authorities had transferred the individuals only upon the administrative exigencies which cannot be interfered with by the Writ Court while exercising the judicial review, unless such transfer order is tainted with malafides.
6. It is the further submission of the learned Additional Government 3/6
Pleader for the respondents that this transfer is routine administrative transfer Hence, prays to dismiss the present writ petition.
7. Heard the learned counsel for both sides and perused the materials available on record.
8. From looking at the transfer order, this Court do not find any malafide on the part of the respondents. However, the submissions of the learned counsel for the petitioner that the immediate direction to vacate the premises would cause serious repercussion in the petitioner's mother's health. The aspect has to be viewed sympathetically.
9. In such view of the matter, though this Court do not find any merits in the present writ petition, would like to direct the respondents to permit the petitioner to retain the quarters till 06.07.2025. In the meanwhile, if the petitioner makes any representation, the respondents are directed to consider the same on its own merits and in accordance with law as expeditiously as possible.
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10. With the above observations, this Writ Petition is disposed of. No costs. Consequently, connected Writ Miscellaneous Petitions are closed. 06.06.2025 jas Index : Yes/No Speaking order /Non Speaking Order Note: Issue order copy on 10.06.2025 To 1.The Director General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai - 600 008.
2.The Superintendent, Central Prison II, Puzhal, Chennai - 600 066.
3.C.Krishnakumar Superintendent, Central Prison II, Puzhal, Chennai - 600 066.
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C.KUMARAPPAN, J.
jas and W.M.P.Nos.23010 and 23011 of 2025 06.06.2025 6/6