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Madras High CourtWP/29592/2019dismissed

Tmt.Gajalakshmi, v. The Government Of Tamil Nadu,

2019-10-16Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.29592 OF 2019 Tmt.Gajalakshmi .. Petitioner vs

1. The Government of Tamil Nadu Rep. by its Secretary, Higher Education Department, Fort St. George, Secretariat, Chennai - 600 009.

2. The Annamalai University, Rep. by its Regsitrar, Annamalai Nagar, Chidambaram, Cuddalore District - 608 002.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 23.09.2019 and thereby direct the respondents to transfer the petitioner from TSANS Woman Nurse Hostel, Chithambaram to Annamalai University Distance Education Centre, Cuddalore based on the medical ground.

For Petitioner : Mr.B.Sundarapandiyan For Respondent 1 : Mr.V.Kadirvelu Special Government Pleader For Respondent 2 : Mr.K.Sathish Kumar Standing counsel

O R D E R

The prayer sought for in this Writ Petition is to direct the respondents to consider the petitioner's representation dated 23.09.2019 and thereby direct the respondents to transfer the petitioner from TSANS Woman Nurse Hostel, Chithambaram to Annamalai University Distance Education Centre, Cuddalore based

on the medical ground.

2. By consent of both the parties, the Writ Petition is taken up for final disposal at admission stage itself.

3. It is the case of the petitioner that she was appointed as Liaison Officer in the Directorate of Distance Education Information Centre at Panruti by the 2nd respondent in the year 2009 and her service was regularized in the year 2011. Thereafter, the petitioner was transferred from Directorate of Distance Education Information Centre at Panruti to Vadalur and worked as Liaison Officer. Again in the year 2016, the petitioner was transferred from Vadalur to the present working place at TSANS Woman Nursing Hostel, Chithambaram as a House Warden. As the petitioner suffers from health issues, she made a representation to the respondents to transfer her from Chithambaram to Cuddalore.

However, till date the representation was not considered. Therefore, the present Writ Petition has been filed.

4. The learned counsel for the petitioner would submit that it would be suffice to issue direction to the respondents to dispose of the representation dated 23.09.2019 in accordance with law.

5. Heard the learned counsel and perused the records.

6. Considering the facts and circumstances of the case, transfer is an incidence of service and it is only the Authorities can decide the transfer, the employee has no legal right for seeking transfer from one place to another. Accordingly, the Writ Petition is devoid of merits and stands dismissed. However, this order will not stand in the way of the respondents to consider the representation made by the petitioner and pass orders in accordance with law as expeditiously as possible. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kan

To

1. The Secretary, Government of Tamil Nadu Higher Education Department, Fort St. George, Secretariat, Chennai - 600 009.

2. The Registrar Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District - 608 002.

+1cc to Mr.K.Sathish Kumar Advocate, S.R.No.86934 +1cc to Mr.B.Sundarapandiyan, Advocate, S.R.No.87280 W.P.No.29592 of 2019 NMI(CO) CS/02/12/2019