Mrs.M.Jayachitra, v. The Director Of Medical

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2022

CORAM

THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU W.P. No. 29973 of 2017 and W.M.P. No. 32490 of 2017 M.Jayachitra ... Petitioner -vs1. The Director of Medical Education Office of the Directorate of Medical Education Kilpauk, Chennai - 600 010.

2. The Dean Villupuram Medical College Villupuram.

... Respondents Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, to call for the records of the proceedings dated 07.11.2017 in Ref. No. 85938/E5/2/2017 on the file of the First Respondent and to quash the same as illegal and without jurisdiction.

For Petitioner :

Mr. Sharath Chandran For Respondents :

Mr. M.Bindran Additional Government Pleader (Edn)

O R D E R

Heard Mr. Sharath Chandran, Learned Counsel for the Petitioner and Mr. M.Bindran, Learned Additional Government Pleader (Education) appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Petitioner, while working as Lab Technician Grade-II in the Medical College at Villupuram was transferred to Sivagangai Medical College Hospital, Sivagangai by Order in Ref. No. 85938/E5/2/2017 dated 07.11.2017 passed by the First Respondent, which is challenged in this Writ Petition.

3.

This Court at the time of admission on 12.11.2017 had passed the following self-explanatory order:- "2. Learned Counsel for the Petitioner submitted that the impugned order of transfer has been passed with oblique motivation, although the same has been styled as issued on administrative reasons and it is purely politically motivated. The said factum also could be seen from the impugned order of transfer marking a copy to the P.A. To the Hon'ble Health Minister. Thus, the impugned order transferring her from Villupuram Medical College, Villupuram to Sivagangai Medical College Hospital, Sivagangai, which is more than 300 kms, is not only politically motivated but also punitive in nature for oblique purpose.

3. It is further contended by the learned counsel for the Petitioner that the transferring of a female employee who is having two female children to a distance of more than 300 kms. from the present place reflects the arbitrary exercise of power, therefore, the same warrants interference.

4. I could also see from the impugned transfer order that the First Respondent has marked a copy to the P.A. To the Hon'ble Health Minister and therefore, it is not known as to why a copy of the same has been marked to the said official, especially for the transfer of a person holding only the post of Lab Assistant. Hence, the contention of the Petitioner that the impugned order has been passed with malafide attitude requires consideration.

5. Thus, in view of the above, there shall be an order of interim stay till further orders. Post after four weeks for filing counter affidavit."

In view of that interim order, the Respondents could not give effect to the impugned order in this Writ Petition. 4.

The Respondents are filed Counter-Affidavit dated 28.05.2018 in justification of the impugned order dated 07.11.2017. 5.

The legal position is well established as held by the Hon'ble Supreme Court of India in Union of India -vs- S.L.Abbas [(1993) 4 SCC 357] that an order of transfer is an incident of service and unless it is vitiated by malafides or is made in violation of any statutory provisions, the Court cannot interfere with it.

6.

Having due regard to the fact that a period of more than four years have lapsed from the time of passing of the impugned order, it is improbable that the same circumstances that then existed still continues. In that backdrop, there does not appear to be any useful purpose served by venturing into the task of testing the validity of the impugned order viz-a-viz the aforesaid legal position at this distance of time. Viewed from that perspective, it is made clear that the concerned authorities are not precluded from taking any fresh decision as the exigencies may require regarding the place of posting of the Petitioner in accordance with law and till then, the status quo as prevailing today shall be in force.

In the result, the Writ Petition is disposed with the aforesaid observations. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar True Copy// Sub Assistant Registrar Maya To

1. The Director of Medical Education Office of the Directorate of Medical Education Kilpauk, Chennai - 600 010.

2. The Dean Villupuram Medical College Villupuram.

+1cc to Mr.Govind Chandra Sekhar, Advocate, S.R.No.12463 +1cc to the Government Pleader, S.R.No.12384 W.P. No. 29973 of 2017 RGN[co] NSK/30/05/2022