← Library
Madras High CourtWP/30879/2025dismissed

P.Padmanaban v. The Director General Of Prison

2025-08-18Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2025

CORAM:

THE HONOURABLE Ms. JUSTICE P.T.ASHA and W.M.P.Nos.34582, 34583 and 34585 of 2025 1.P.Padmanaban 2.C.Senthilkumar 3.D.Sabaridas 4.S.Babu 5.M.Karthikeyan 6.S.Dhanavendiran 7.C.Ponnusamy 8.R.Muthukumar 9.K.Sathyamurthy ... Petitioners Vs.

1. The Director General of Prison, Office of Director General of Prison, Whannels Road, Egmore, Chennai District 600 008.

2. The Superintendent of Prison, Central Prison, Coimbatore, Coimbatore District ... Respondents 1/6

PRAYER: Writ Petition 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 residential transfer order issued by the 2nd respondent in his proceedings in 1252/ Po1/ 2025 dated 27.05.2025 quash the same as illegal, bias and arbitrary and consequently directing the 2nd respondent to allow them and to retain as well as reside in the same premises situated in Jail quarters Kattoor Police Station backside, Gandhipuram, Coimbatore District- 641018 until the academic year Viz April 2026 by considering their representation dated 25.07.2025. For Petitioners : Mr.M.Dinesh For Respondent-2 : Mr.G.Nanmaran Special Government Pleader

ORDER

Challenging the order directing the petitioners to vacate and handover the possession of the official quarters, this writ petition has been filed.

2. It is the case of the petitioners that six of the petitioners 2/6

have school-going children and three have college-going children and if the vacate order is enforced, it would add to their pressure and force a mid-school transfer causing academic medical and mental hardship. They would submit that they were originally appointed as Secondary Grade Warders in the Central Prison, Coimbatore on various dates in which posts they were discharging their duties. Subsequently, they were promoted to the post of First Grade Warder and continued to discharge their duties in a dedicated fashion. Thereafter, they had been transferred enmasse by order dated 27.05.2025 and they have also complied with the transfer order. The contention of the petitioner is that there is no reason for transfer and the order lacks administrative necessity. That apart, it is their contention that the order has been passed without prior information and it is the well-settled position of law that employees cannot be transferred mid-academic year. Therefore, the writ petition has been filed.

3. Heard the learned counsel on either sides and perused the 3/6

materials available on record.

4. It is rather surprising that the the petitioners have raised the grounds that the order is a non-speaking order and they have not been heard before the passing of the impugned order of eviction. The reason for directing the petitioners to vacate the premises is that they have been transferred from the place and the incumbents who have taken charge in their place of the petitioners original postings are also required to move their families. The allegation that the impugned orders has been passed mid-academic year and in total disregard of family concerns is absolutely puerile. The transfer order had been passed on 25.05.2025 well before the academic year. Despite taking charge at their transferred places, the petitioners have continued to retain the official residence in the place of their earlier posting. Therefore, the challenge to the impugned order cannot be sustained and accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 4/6

18.08.2025 srn To

1. The Director General of Prison, Office of Director General of Prison, Whannels Road, Egmore, Chennai District 600 008.

2. The Superintendent of Prison, Central Prison, Coimbatore, Coimbatore District P.T.ASHA, J., srn 5/6

and W.M.P.Nos.34582, 34583 and 34585 of 2025 18.08.2025 6/6