G.Poongavanam v. The Director Of Incharge

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2015

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.18289 of 2015 and M.P.(MD).Nos.1 and 2 of 2015 G.Poongavanam ... Petitioner Vs.

1.The Director Incharge, The Gandhigram Institute of Rural Health and Family Welfare Trust Soundaram Nagar, Gandhigram Post, Dindigul District.

2.Dr.E.Seethalakshmi, Now Working as the Director Incharge The Gandhigram Institute of Rural Health and Family Welfare Trust, Soundaram Nagar, Gandhigram Post, Dindigul District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the first respondent in ref.GIRH/ESTT/2015-2016/0849 dated 01.10.2015, quash the same and consequently forbear the respondents herein from in any way affecting the service conditions of the petitioner.

For Petitioner ...

Mr.Veerakathiravan For Respondents ...

Mr.R.Anandharaj Government Advocate

O R D E R

This Writ Petition has been filed by G.Poongavanam, challenging the transfer order transferring him from the post of Upper Division Clerk under the Central Training Institute to the Regional Health Teacher Training in the same institute functioning within the same campus. 2.By consent, this Writ Petition is taken up for hearing at the stage of admission itself.

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3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate, who takes notice for the respondents. 4.The learned counsel for the petitioner submitted that the impugned transfer order cannot be construed as a transfer order, because it is an order of reversion. Therefore, there must be an enquiry conducted by issuing proper notice.

5.As the procedure has not been followed, the impugned order is liable to be interfered with. But, the learned counsel for the petitioner submitted that the petitioner is not able to explain as to how the transfer can be considered as an order of reversion. 6.Admittedly in the present case, the petitioner has been transferred from the post of Upper Division Clerk under the Central Training Institute to the Regional Health Teacher Training in the same institute functioning within the same campus. Therefore, this Court is not able to see any prejudice suffered by the petitioner. 7.In the result, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-I) /True copy/ Sub AssistantRegistrar To 1.The Director Incharge, The Gandhigram Institute of Rural Health and Family Welfare Trust Soundaram Nagar, Gandhigram Post, Dindigul District.

2.Dr.E.Seethalakshmi, Now Working as the Director Incharge The Gandhigram Institute of Rural Health and Family Welfare Trust, Soundaram Nagar, Gandhigram Post, Dindigul District.

+1cc to M/s.Veera Kathiravan, Advocate SR.No.59777 +1cc to special Government Pleader SR.nO.59757 sm:ark-ik:18.11.2015:2P/5C W.P.(MD)No.18289 of 2015 08.10.2015 https://hcservices.ecourts.gov.in/hcservices/