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Madras High CourtWP/7879/2016dismissed

K.Gayathiri v. State Of Tamil Nadu

2016-03-03Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.03.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.7879 of 2016 K.Gayathiri .. Petitioner -vs1.State of Tamil Nadu, rep. by its Secretary, Department of Higher Education, Secretariat, Chennai-600 009.

2.The Registrar, Annamalai Univesity, Annamalai Nagar, Chidambaram - 608 002.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the second respondent to consider the representation dated 22.02.2016 and permit the petitioner to continue working in Annamalai University.

For Petitioner :

Mr.N.Suryasenthil For respondents:

Mr.R.Vijayakumar, Additional Government Pleader for R1

O R D E R

This writ petition has been filed by the petitioner seeking a direction to the second respondent to consider the representation dated 22.02.2016 and to permit the petitioner to continue working in Annamalai University.

2.The petitioner was working in Annamalai University as a Lecturer, Department of Tamil Studies and Research since 09.11.2006. However, 38 faculty members from the Department of Tamil Studies and Research had been transferred and appointed in various Universities of the State during February 2015. 3.Learned counsel appearing for the petitioner would submit that as one A.Anbarasan does not possess the necessary qualifications to be working in his current cadre as Lecturer, the petitioner may be transferred instead of the said A.Anbarasan with effect from 01.03.2016.

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4.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the first respondent.

5.The petitioner has stated in her affidavit that a total number of 38 faculty members from the Department of Tamil Studies and Research, had been transferred and appointed in various Universities of the State during February 2015 and therefore she is likely to be transferred from her working place. When there is no order of transfer or any move from the respondents showing that the petitioner would be transferred from her working place with effect from 1st march 2016, it is nothing but only the apprehension of the petitioner that instead of the said A.Anbarasan, she is likely to be transferred from her working place viz. Annamalai University to Government Arts College, Kulithalai, on the basis of the information received from the said Anbarasan that he had refused his re-location.

Therefore, on the surmises and conjectures she has wrongly come to this Court, without any order showing transfer. This Court never at the surmises of anybody can entertain any petition to issue the writ of mandamus. Therefore, the writ petition is bereft of merits, hence the same is liable to be dismissed. Accordingly, the Writ Petition is dismissed. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vga To 1.The Secretary to Government, Department of Higher Education, Secretariat, Chennai-600 009.

2.The Registrar, Annamalai Univesity, Annamalai Nagar, Chidambaram - 608 002.

+ 1 cc to MR.N. Suryasenthil, Advocate Sr.13975 + 1 cc to Government Pleader Sr.14016 W.P. No.7879 of 2016 AK(CO) Eu 20.04.16 https://hcservices.ecourts.gov.in/hcservices/