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Madras High CourtWP(MD)/20814/2023dismissed

C.Arul Dass Neves v. The Director

2023-10-13Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)Nos.17224 & 17225 of 2023 C.Arul Dass Neves ... Petitioner Vs.

1.The Director, Directorate of Elementary Education, DPI Complex, College Road, Chennai-600 006.

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

3.The District Elementary Educational Officer, Trichy, Trichy District.

4.The District Elementary Educational Officer, Musiri, Trichy District.

5.P.Jeyaraman ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the entire records pertaining to the impugned orders passed by the 1st respondent in Na.Ka.No.30017/I1/2022, dated 17.10.2022, passed by the 3rd respondent in Na.Ka.No.0005/A2/2022, dated 20.10.2022 and passed by the 4th respondent in Na.Ka.No.74/A1/2022, dated 20.10.2022 and quash the same.

For Petitioner : Mr.A.Rajaram For R1 - R4 : Mr.V.Om Prakash Government Advocate For R5 : No Appearance

ORDER

The present writ petition has been filed by a Block Educational Officer challenging the order of transfer, dated 17.10.2022 wherein he was transferred from Trichy Zone to Thuraiyur Block.

2. According to the writ petitioner, he was originally posted to Trichy zone on 29.12.2021 and within a period of 10 months, he has been transferred to Thuraiyur Block. He further contended that, he has given a representation on 12.07.2023 to the 1st respondent seeking to 2/5

retransfer him to Trichy zone on medical grounds.

3. Per contra, the learned Government Advocate appearing for the official respondents had pointed out that transfer order is dated, 17.10.2022 and the petitioner has joined the transferred post on 21.11.2022. Thereafter, the present writ petition has been filed seeking to quash the order of transfer on 23.08.2023. Therefore, this writ petition is not maintainable. Hence, he prayed for dismissal of the writ petition.

4. In view of the above said facts, it is clear that the petitioner has accepted the order of transfer and has joined the transferred post and after a period of 9 months, he has filed the present writ petition challenging the order of transfer. Therefore, this Writ Petition is not maintainable and the same is liable to be dismissed. However, on 12.07.2023, the petitioner has given a representation to the 1st respondent seeking retransfer to Trichy Zone on medical ground. It is for the 1st respondent to consider the said request on merits and in accordance with law and pass orders.

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5. With the said observations, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. 13.10.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gbg To 1.The Director, Directorate of Elementary Education, DPI Complex, College Road, Chennai-600 006.

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

3.The District Elementary Educational Officer, Trichy, Trichy District.

4.The District Elementary Educational Officer, Musiri, Trichy District.

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R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

13.10.2023 5/5