J. Dorathy Sheela 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 S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P(MD)No.13631 of 2025 J.Dorathy Sheela ... Appellant/Petitioner Vs.

1.The Joint Director of School Education (Personal), O/o.The Joint Director of School Education (Personal), DPI Complex, Chennai-600 006.

2.The Chief Educational Officer, O/o.The Chief Educational Officer, Karur District- 639 007.

3.Mrs.Vasuki 4.Mr.Sakthivel

...Respondents/Respondents

PRAYER: Writ Appeal filed under Clause XV of the Letters Patent Appeal, to set aside the order dated 21.07.2025 passed in W.P(MD)No.19626 of 2025. 1/6

For Appellant : Mr.R.Rajendran for M/s.Right Law Associates For R1 & R2 : Mr.J.Ashok Additional Government Pleader

JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.) The writ appeal has been instituted challenging the writ order dated 21.07.2025 passed in W.P(MD)No.19626 of 2025. Peculiarly, the appellant has challenged the transfer order of the third respondent Mrs.Vasuki, whose transfer is unconnected with the request of the appellant seeking transfer from one school to another school.

2. The learned counsel for the appellant would submit that the appellant participated in the counselling but her case was not considered for transfer, however, the case of the third respondent Tmt.Vasuki was considered and she was transferred from Government Higher Secondary School, Palaviduthi, Karur District to Government Higher Second School, Porani, Karur District. 2/6

3. The learned Additional Government Pleader appearing for the respondents 1 & 2 would submit that the third respondent has already joined in the said post and now she is working.

4. It is an administrative transfer. The governing legal principles for transferring a Government employee are that;

(i) Transfer is an incidental to service and conditions of service;

(ii) Post or place can never be claimed as a matter of choice by the Government servents;

(iii) Transfer being a condition of service. A public servant is expected to work in a place wherever posted in the interest of public administration;

(iv) However, request application if any received, the competent authority may consider by following consistency and transparency and by following the guidelines, if any, issued by the Government;

(v) Transferring a Government employee from one post to another post on administrative grounds is to improve the efficiency 3/6

in the public administration which would not per se provide a cause for challenging the transfer order.

(vi) Transfer cannot be claimed as a matter of right by the Government employees.

5. In the present case, the appellant has challenged the transfer of the third respondent, which is unnecessary. The case of the appellant was not considered for administrative transfer and that being, the administrative decision had been taken by the authorities. This Court do not find any infirmity in respect of the Writ Court order impugned in the present appeal.

6. With these observations, the writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) & (G.A.M., J.) 21.08.2025 NCC : Yes / No Index : Yes / No am 4/6

To 1.The Joint Director of School Education (Personal), DPI Complex, Chennai-600 006.

2.The Chief Educational Officer, Karur District- 639 007.

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S.M.SUBRAMANIAM, J.

AND G.ARUL MURUGAN , J.

am 21.08.2025 6/6