K.Gopal v. The Commissioner Of School Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH & W.M.P.No.30733 of 2024 K.Gopal S/o.Late Kanniyappan Pillai ... Petitioner Vs.
1. The Commissioner of School Education, Chennai - 6,
2. The Joint Commissioner (Personnel), Directorate of School Education, Chennai - 6.
3. The Chief Educational Officer, Kancheepuram.
4. The Block Educational Officer, Uthiramerur, Kancheepuram District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records of the third respondent, relating to the order in Pro.Na.Ka No.4472/A1/2024 dated 28.08.2024 transferring the petitioner from Uthiramerur to Kancheepuram, to quash the same and to issue consequential directions to the respondents to retain the petitioner in the same station till his retirement.
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For Petitioner : Mr.G.Punniakoti For Respondents : Mrs.P.Rajarajeshwari Government Advocate [R1 to R4] *****
O R D E R
This writ petition has been filed challenging the impugned proceedings of the third respondent dated 28.08.2024 transferring the petitioner from Uthiramerur to Kancheepuram and for a consequential direction to the respondents to retain the petitioner in the same station till his retirement.
2. Heard Mr.G.Punniakoti, learned counsel for petitioner and Mrs.P.Rajarajeshwari, learned Government Advocate appearing for respondents.
3. The case of the petitioner is that he is a physically handicapped person, who is working as a Record Assistant in the office of the Block Educational Officer at Uthiramerur. The grievance of the petitioner is that the third respondent, all of a sudden, issued the transfer order dated 30.06.2024 transferring the petitioner from Uthiramerur to Kancheepuram during the non-transfer period. The said order has been put to challenge.
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4. In the considered view of this Court, there is absolutely no ground to interfere with the order of transfer passed by third respondent. The petitioner has been transferred from Uthiramerur to Kancheepuram and he has not been sent to some far off place. That apart, this is a case of administrative transfer, which does not warrant interference of this Court. In view of the above, the petitioner has to necessarily go and join at the transferred place, viz., the Block Educational Office, Kancheepuram. Thereafter, it is left open to the petitioner to make a representation requesting for posting him in the original station by explaining his hardship. The same will be considered on its own merits and in accordance with law by the third respondent.
In the result, this writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 25.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm 3/4
N.ANAND VENKATESH, J gm To
1. The Commissioner of School Education, Chennai - 6,
2. The Joint Commissioner (Personnel), Directorate of School Education, Chennai - 6.
3. The Chief Educational Officer, Kancheepuram.
4. The Block Educational Officer, Uthiramerur, Kancheepuram District.
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