Madras High CourtWP(MD)/9582/2022

Muniappan P v. The Joint Director Of School Education (Personal)

2024-08-30Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.9582 of 2022 and W.M.P(MD) Nos.6885 and 16532 of 2022 P.Muniappan ... Petitioner Vs.

1. The Joint Director of School Education (Personal) Chennai - 600 006.

2. The Chief Educational Officer, Dindigul District, Dindigul.

3. The Headmaster, Government Higher Secondary School, K.Ramanathapuram, Vedasandur, Dindigul District.

4. The Headmaster, Government Higher Secondary School, Equvarpalayam, Thiruvallur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records 1/4

pertaining to the impugned order issued by the first respondent in Na.Ka.No. 033161/C5/E4/2022, dated 04.05.2022 and consequential order passed by the third respondent in Na.Ka.No.118/2022, dated 05.05.2022 and quash the same and for other reliefs.

For Petitioner : Mr.J.Lawrance For Respondents : Mr.N.Satheeshkumar Additional Government Pleader

O R D E R

The instant writ petition has been filed by a Physical Education Teacher, working in the Government Higher Secondary School, K.Ramanathapuram, Dindigul District, challenging the order of transfer to Government High School, Equvarpalayam, Thiruvallur District, on the ground that it is a punitive transfer.

2. At the time of admission, an interim order was granted by this Court and the petitioner is continuing in his original post for the past two years.

3. It is admitted by either side counsels that the post to which the petitioner was transferred has already been filled up by a different candidate. 2/4

In such circumstances, the order impugned in the writ petition cannot be given effect to. Any adverse remarks made against the writ petitioner in the impugned order cannot be taken into consideration for considering the service benefits of the writ petitioner.

4. With the above said observations, this Writ Petition stands closed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.

30.08.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Joint Director of School Education (Personal) Chennai - 600 006.

2. The Chief Educational Officer, Dindigul District, Dindigul.

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.9582 of 2022 30.08.2024 4/4