S.Muthumani v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 26/03/2025

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs. JUSTICE S.SRIMATHY and CMP(MD) Nos.5230 & 5232 of 2025 S.Muthumani ... Appellant Vs 1.The Director, School Education Department 17 College Road, Nungambakkam, Chennai.

2.The Commissioner, Madurai Municipal Corporation Madurai.

3.The Education Officer (in-charge) Madurai Corporation, Arignar Anna Maligai Thallakulam Madurai. 625 002 4.The Chief Education Officer, Chief Education Office, Thallakulam, Madurai 625 002 5.The Headmaster E.V.R.Nagammaiyar Girls Higher Secondary School South Car Street, Madurai 1 1/6

6.G.Mary Caroline ... Respondents PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against the order of this Court dated 05.03.2025 in WP(MD). No. 3115 of 2025. For Appellants : Mr.A.D.Ganesamoorthi For Respondents : Mr.S.Vinayak for R2&R3 Mr.J.Ashok for R1 & R4 Additional Government Pleader

JUDGMENT

(Judgment of the Court was delivered by J.NISHA BANU, J.) The writ petitioner is the appellant herein.

2. The writ appeal is directed against the order of the writ Court dated 05.03.2025 in WP(MD) No.3115/2025, wherein, a challenge was made to the impugned order of transfer and the writ Court dismissed the writ petition on the ground that the transfer was made on administrative grounds.

3. The learned counsel for the appellant would submit that the appellant was transferred in the middle of the academic year and the said ground has not been considered by the writ Court. It is his case that the 2/6

writ Court has not considered the grounds raised by the petitioner to the effect that there are complaints preferred against the 6th respondent and the same are pending before the ombudsman and the SC/ST State Commission. It is his further contention that pursuant to the complaint preferred by the petitioner, no enquiry was conducted by the respondents 2 and 3. The writ Court has not considered these grounds and dismissed the writ petition and hence, prays for interference.

4. It is the contention of the learned counsel for the respondents 2 and 3 that pursuant to the complaint preferred by the appellant against the 6th respondent and on administrative reasons, the appellant has been transferred considering the welfare of the students and the institution. It is his contention that the transfer is made within the corporation limit and the 2nd respondent is the authority to pass the transfer order. Therefore, no interference is warranted to the order of the writ Court.

5. We have heard the learned counsel for the appellant, the learned counsel for the respondent Corporation and the learned Additional Government Pleader for the respondents 1 and 4. 3/6

6. It is to be seen that primarily, the appellant was transferred on administrative reasons. If the transfer is punitive in nature, then the Courts can interfere with such transfer. However, when the appellant was transferred within the corporation limits and the authority, who shall pass such transfer order is the 2nd respondent, the writ Court had rightly rejected the plea of the appellant. It is further seen that due to the complaint made against the 6th respondent by the appellant, the 6th respondent has also been transferred. The appellant was working in the 5th respondent school for more than 10 years and now she has been transferred only on administrative grounds and considering the welfare of the students and institution. Hence, considering all the aspects, the writ Court had rightly dismissed the writ petition. Hence, no interference is warranted to the order of the writ Court. Accordingly, the writ appeal is dismissed. No costs. Consequently connected Miscellaneous Petitions are closed.

[J.N.B.,J] [S.S.Y.,J] 26.03.2025 NCC : Yes/No Index : Yes/No 4/6

RR To 1.The Director, School Education Department 17 College Road, Nungambakkam, Chennai.

2.The Chief Education Officer, Chief Education Office, Thallakulam, Madurai 625 002 5/6

J.NISHA BANU, J AND S.SRIMATHY, J.

RR

ORDER

IN WA(MD) No.774 of 2025 Date : 26/03/2025 6/6