The Revenue Divisional Officer v. S.Jeyalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P(MD)No.8437 of 2025 1.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

2.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

... Appellants / Respondents 1 & 2 Vs.

1.S.Jeyalakshmi ... 1st Respondent / Petitioner 2.Seethalakshmi ... 2nd Respondent / 3rd Respondent Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order passed in W.P(MD)No.8628 of 2025 dated 04.04.2025 on the file of this Court and allow the above Writ Appeal.

For Appellants : Mr.N.Satheesh Kumar Additional Government Pleader 1/5

For Respondents : Mr.Prasanna Vinoth for Mr.Suresh

JUDGMENT

(Judgment of the Court was made by G.R.Swaminathan J.) Heard both sides.

2.The writ petitioner / S.Jeyalakshmi was posted as Village Administrative Officer in Kothankulam Village, Thiruppuvanam Taluk. Vide order dated 07.03.2025, the Revenue Divisional Officer, Sivagangai transferred her to S.Karaikudi Village Group, Manamadurai Taluk. The transfer order was questioned in W.P(MD)No.8628 of 2025. The learned single Judge taking into account the special facts and circumstances obtaining in this case kept the order in abeyance till the general counselling takes place. Challenging the order of the learned single Judge, the department has filed this Writ Appeal. 3.We fully endorse the stand of the learned Additional Government Pleader that a transfer order could not have been put on hold on the grounds set out in the order of the learned single Judge. It is true that the writ petitioner is having college going children and that she appears to be a single parent. But 2/5

these are not grounds on which judicial interference can be made. We therefore set aside the order impugned in this Writ Appeal. 4.The learned counsel appearing for the writ petitioner states that the writ petitioner would report for duty in the transferred place by tomorrow (11.06.2025) morning 10.30 a.m without waiting for the certified copy of this order. If the writ petitioner abides by this undertaking, notwithstanding the other stipulations that may be set out, the writ petitioner is permitted to participate in the general counselling for transfer that is to be held next month. He further states that the writ petitioner salary has not been paid. 5.The learned Additional Government Pleader points out that the writ petitioner had been absent.

6.We permit the writ petitioner to submit a proper application to regularise her absence. We direct the authority concerned to immediately pass order on the writ petitioner's request. The period of absence will be adjusted against the writ petitioner's eligibility and thereafter her salary will be settled. This exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

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7.With the aforesaid liberty to the writ petitioner, this Writ Appeal is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [K.R.S., J.] 10.06.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA 4/5

G.R.SWAMINATHAN, J and K.RAJASEKAR, J.

MGA 10.06.2025 5/5