Usharani v. The District Educational Officer (Elementary)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.07.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and W.M.P.Nos.30991 and 30993 of 2025 Usharani ... Petitioner Vs.

The District Educational Officer (Elementary), Cuddalore District, Cuddalore.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records relating to the impugned order passed by the respondent vide R.C.No.0854/A2/2025 dated 02.06.2025 and quash the same.

For Petitioner : Mr.A.Ashvathaman For Respondent : Mrs.S.Mythreye Chandru, Special Government Pleader ***** 1/5

O R D E R

The instant Writ Petition has been filed challenging the transfer order dated 02.06.2025, transferring the petitioner from Panchayat Union Primary School, Koranapattu, Kurinjipadi Block, Cuddalore District, to Union Primary School, Poochimedu, Kurinjipadi Block.

2. The learned counsel for the petitioner would submit that it is a punitive transfer and that, immediately preceding the transfer order, she was suspended and thereafter reinstated. It is the further contention of the petitioner that any transfer on punitive grounds is contrary to law. Hence, prayed to interfere with the same.

3. Per contra, the learned Special Government Pleader appearing for the respondent would submit that there is no nexus between the charge memorandum issued against the petitioner and the transfer order. Though there is a charge memorandum issued against the petitioner, it has nothing to do with the impugned transfer; the same was issued based on administrative grounds.

4. I have given my anxious consideration to either side submissions. 2/5

5. Though the learned Special Government Pleader has rightly contended that the charge memo was issued against the petitioner on 14.05.2025, alleging that certain comments were made against the Government on social media, even for argument's sake, that there is a charge against the petitioner for the transfer, still this Court could not find any infirmity in the same, as the respondent authority would likely prefer an unembarrassed enquiry, given that the present posting would run counter to it.

6. In view of the same, this Court is of the firm view that there are no grounds to interfere with the impugned transfer order. However, the petitioner is given liberty to submit a representation to the respondent, if she has any grievance in respect of such transfer order, within a period of one week from the date of receipt of a copy of this order. If such a representation is received, the respondent is directed to consider the same sympathetically on its own merits and in accordance with law, within a period of two weeks thereafter.

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7. In the result, this Writ Petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs. 30.07.2025 kv Index : Yes/No Speaking order /Non Speaking Order To The District Educational Officer (Elementary), Cuddalore District, Cuddalore.

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C.KUMARAPPAN, J.

kv 30.07.2025 5/5