S. Unaicy Christy Jothi, v. The Chief Educational Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD) No.4322 of 2022 S.Unaicy Christy Jothi ... Appellant -vs1.The Chief Educational Officer Chief Education Office Pudukkottai-01 2.The District Educational Officer District Education Office Pudukkottai-01 3.The Block Educational Officer-I Block Educational Office Pudukkottai-01 4.The Block Educational Officer-II Block Educational Office Pudukkottai-01

5.The Block Educational Officer-III Block Educational Office Pudukkottai-01 6.The Head Master T.E.L.C.Middle School North 3rd to 5th Street Pudukkottai-01 ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 05.04.2022, passed in W.P.(MD) No.6268 of 2022, on the file of this Court.

For Appellant :

Mr.K.Baalasundharam For Respondents :

Mr.D.Sadiq Raja Additional Government Pleader for R1 to R5

J U D G M E N T

[Judgment of the Court was made by D.KRISHNAKUMAR, J.] Challenge in this writ appeal is to the order dated 05.04.2022, passed in W.P.(MD) No.6268 of 2022, by the Writ Court, whereby and whereunder, the order dated 11.03.2022, passed by the respondents 3 to 5 temporarily deputing the appellant from T.E.L.C. Middle School to Municipal Middle School has been confirmed.

2. According to the appellant, on 20.06.1988, she was appointed as a Secondary Grade Teacher in T.E.L.C.Middle School, Nagapattinam District. On 11.06.1991, she was transferred the said School to T.E.L.C.Middle School, Pudukkottai and on 05.07.1998, she was granted Selection Grade and subsequently, on 05.07.2008, she was granted Special Grade. In such circumstances, on 11.03.2022, she was transferred to T.E.L.C.Middle School Pudukkottai to the Municipal Middle School, Pudukkottai. Aggrieved over the same, she filed W.P.(MD) No.6268 of 2022 and the Writ Court, by order dated 05.04.2022, dismissed the writ petition holding that the appellant has no legal right to challenge the transfer order, since it is only a temporary deputation order. Challenging the same, the writ petitioner has preferred this writ appeal.

3. Heard the learned counsel for the appellant and the learned Additional Government Pleader for the respondents 1 to 5 and perused the materials available on record.

4. On perusal of the deputation order impugned in the writ petition as well as the impugned order passed by the Writ Court, we are of the view that the appellant has been transferred within the same Town

i.e.Pudukkottai Town, more specifically, within two kilometers. Further, as rightly observed by the Writ Court, the impugned transfer is nothing but a temporary transfer, which would not cause any infringement of right or violation of service conditions and it has been passed only on administrative grounds. Therefore, we are of the view that the order passed by the Writ Court does not warrant interference of this Court and therefore, we are not inclined to entertain this writ appeal.

5. Accordingly, the writ appeal fails and it is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [D.K.K., J.] [R.V., J.] 06.12.2022 Index :

Yes / No Internet :

Yes / No krk

To:

1.The Chief Educational Officer, Chief Education Office, Pudukkottai-01.

2.The District Educational Officer, District Education Office, Pudukkottai-01.

3.The Block Educational Officer-I, Block Educational Office, Pudukkottai-01.

4.The Block Educational Officer-II, Block Educational Office, Pudukkottai-01.

5.The Block Educational Officer-III, Block Educational Office, Pudukkottai-01.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk and C.M.P.(MD) No.4322 of 2022 06.12.2022