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Madras High CourtWP(MD)/12482/2018disposed of

Su.Karthika v. The Chief Educational Officer

2021-03-08Honourable Mr Justice M.S. Ramesh2 pages

W.P(MD)Nos.12482 to 12485 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P(MD)Nos.12482 to 12485 of 2018 and W.M.P(MD)Nos.11352 to 11355 and 15992 to 15995of 2018 Su.Karthika

...Petitioner

in W.P(MD)No.12482 of 2018 A.Asaithambi

...Petitioner

in W.P(MD)No.12483 of 2018 R.Kamalavalli

...Petitioner

in W.P(MD)No.12484 of 2018 S.Suresh

...Petitioner

in W.P(MD)No.12485 of 2018 Vs The Chief Educational Officer, Pudukkkottai.

... Respondent in all four writ petitions COMMON P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of writ of certiorari thereby call for the records of the respondent in Na.Ka.No.427/A2/2018, dated 07.06.2018 and quash the same as illegal and arbitrary. (in all Wps) For Petitioner : Mr.P.Ganapathi Subramanian For Respondent : Mr.N.Shanmugaselvam, Additional Government Pleader in all four petitions COMMON ORDER Heard Mr.P.Ganapathi Subramanian, learned counsel appearing for the petitioners and Mr.A.Shanmuga Selvam learned Additional Government Pleader appearing for the respondent. 2.The orders of transfer dated 07.06.2018, issued to the petitioners are put under challenge in the present writ petitions. Pending writ petitions, the petitioners were permitted to continue https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)Nos.12482 to 12485 of 2018 in their respective posts pursuant to the interim orders of stay granted by this Court.

3.The learned Additional Government Pleader appearing for the respondent, on instructions, affirms that the petitioners are still continuing in their respective posts. It is seen that the transfer orders were passed way back on 07.06.2018 and the petitioners have been continuing in the said posts for more than two and a half years. At this length of time, it would not be appropriate to interfere with the transfer orders, since the Administrative exigencies, which necessitated the petitioners to be transferred long back, may not subsist as on date. 4.Nevertheless, if the respondent is of the view that the petitioners require to be transferred in future, on administrative grounds, it would always open to the respondent to do so. 5.Accordingly, the impugned orders of transfer in Na.Ka.No.427/A2/2018, dated 07.06.

2019 issued by the respondent shall stand quashed and the writ petitions stand allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS ) To The Chief Educational Officer, Pudukkkottai.

+1 CC to Mr.P.GANAPATHI SUBRAMANIAN, Advocate ( SR-10028[F] dated 10/03/2021 ) W.P(MD)Nos.12482 to 12485 of 2018 08.03.2021 dsk AE/ (16/03/2021) 2P / 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2