S.Ragunathan v. The Joint Director Of School Education (Personal)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.20677 of 2025 and W.M.P.(MD)Nos.15997, 15998 and 16974 of 2025 S.Ragunathan : Petitioner Vs.

1.The Joint Director of School Education (Personal), Chennai-6.

2.The Chief Educational Officer, Trichy District.

3.The District Educational Officer, (Secondary), Trichy, Trichy District.

: Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the order passed by the first respondent in his proceedings in Na.Ka.No.16810/A3/E1/2025 dated 11.07.2025 and consequential order passed by the third respondent in his proceedings in Na.Ka.No. 4873 /A1/2025 dated 16.07.2025.

For Petitioner : Mr.V.Panneer Selvam 1/5

For Respondents : Mr.R.Baskaran Additional Advocate General assisted by Mr.M.Sidharthan Additional Government Pleader

ORDER

This writ petition is filed challenging the order passed by the first respondent dated 11.07.2025 and the consequential order passed by the third respondent dated 16.07.2025.

2.The learned counsel for the petitioner submits that petitioner was appointed as Typist in the year 1987 in the respondent Department and he is presently working as Personal Assistant in the third respondent Office. While so, on 11.07.2025, an order of transfer was issued to the petitioner stating that the transfer is made only on account of administrative reasons. However, in the order of transfer, the complaint made as against the petitioner is mentioned. Therefore, the petitioner has filed the present writ petition challenging the order of transfer, which according to the petitioner was issued as punishment.

3.The learned counsel for the petitioner further submits that the petitioner is at the verge of his retirement. Further, if any complaint is 2/5

received as against the petitioner, it is for the respondent Department to initiate disciplinary proceedings. Instead, the question of transferring the petitioner will not arise at all. Hence, the order of transfer issued against the petitioner is liable to be set aside.

4.Per contra, the learned Additional Advocate General appearing for the respondents submits that there are some allegations as against the petitioner. Therefore, for better administration of the respondent Department, the transfer order was passed. Further, the transfer order was not passed as an order of punishment. It was passed purely on administrative exigency for smooth functioning of the third respondent office. Hence, he prays for dismissal of this writ petition. 5.Considered the submissions made on either side and perused the materials placed on record.

6.This Court in catena of judgments held that transfer order issued on account of some allegations made as against the employee is not at all maintainable and the transfer can be made only on administrative 3/5

exigency. In the present case, bare perusal of the impugned order of transfer dated 16.07.2025 makes it clear that in paragraph No.1 of the transfer order, the petitioner has been charged with six counts of allegations and thereby, the order of transfer was passed. Accordingly, the order of transfer issued as against the petitioner is liable to be dismissed.

7.Accordingly, the transfer order issued by the respondents as against the petitioner is set aside and this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 12.08.2025 Index : Yes / No NCC : Yes / No ta To:- 1.The Joint Director of School Education (Personal), Chennai-6.

2.The Chief Educational Officer, Trichy District.

3.The District Educational Officer, (Secondary), Trichy, Trichy District.

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M.DHANDAPANI, J.

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