Judgment : 1. Heard Mr. M. Ramadhas, counsel for the petitioner and Mr. R. Manoharan, the Government Advocate for the respondents 1, 2 and 6 and Mr. V. Bharathidasan, counsel appearing for the respondents 3 to 5. 2. The petitioner is working as P.G. Assistant in Mathematics in the Chennai Corporation Boys Higher Secondary School, Purasaiwalkam, Chennai. He belongs to Theni District and as there is no vacancy in the Theni District, he could not apply for transfer to Theni District. However, his wife was living at Kadalur District, he applied for transfer to Kadalur District. Therefore, the first respondent by order dated 21.9.2010 transferred the petitioner from Chennai Boys Higher Secondary School, Puraisaiwalkam to Government High School, Puliyoorkattusagai, Kadalur District. However, due to delay in receiving the relieving order, the vacancy was filled up by the sixth respondent in the Kadalur District. Therefore, the second respondent issued another order dated 30.9.2010 in Na.Ka. No. 36578/C5/El/2010 transferring the petitioner and directing him to join duty in the Government High School, Periachevalai, Villupuram District. Thereafter, the petitioner submitted the transfer order to the Headmistress of Chennai Boys High School requesting her to relieve the petitioner from the said School enabling him to join in the transferred school at Villupuram. The representation of the petitioner dated 14.10.2010 was also forwarded by the school authorities to the fifth respondent. It is stated by the fifth respondent that only after getting the permission from the third respondent, the fifth respondent can relieve the petitioner from the said school. As no action has been taken, this writ petition is filed for the relief prayed for. 3. Mr. V. Bharathidasan takes notice for the respondent/Corporation and submitted that he received instructions from the respondents 3 to 6 that the petitioner was transferred to Government High School, Periachevalai, Villupuram District, on condition that only after appointing a Teacher in his place for teaching the subject Mathematics, he will be transferred and till date they are not able to appoint a substitute for the petitioner and therefore, the petitioner was not relieved and as soon as they get a substitute teacher in the place of the petitioner, the petitioner will be transferred. He further submitted that the third respondent did not deny the request of the petitioner and they are awaiting for the appointment of a substitute teacher. 4. He further submitted that the third respondent did not deny the request of the petitioner and they are awaiting for the appointment of a substitute teacher. 4. The learned counsel for the petitioner submitted that it is not correct to state that the petitioner was transferred subject to the condition that only after the appointment of another teacher, he will be relieved. 5. It is seen from the various proceedings issued by the first and second respondents that the teachers, who were teaching in the Corporation School, were transferred to various other Schools outside Chennai. Further, it is seen from the transfer order that no condition was attached for transferring the petitioner to Government High School, Periachevalai, Villupuram District, as alleged by the counsel for the respondent/Corporation on the basis of the instructions from the second respondent. In the impugned order, the conditions for transfer of the petitioner from one unit to other unit are as follows: (1) the teacher concerned should have completed the probation period in the post, which he holds; (2) Theperson, who seeks the transfer from one unit to another unit, will be kept as junior most in the seniority list; (3) NoTravelling Allowance/Dearness Allowance will be paid for such transfer. (4) He/She has to abide by the rules and regulations of the department. (5) On unit transfer, his lien in the parent department will stand automatically terminated. (6) A declaration from the concerned individual containing the above conditions shall be obtained and the same shall be entered in the service register of the individual. Hence, in the absence of any other condition attached to the transfer order, the 3rd respondent cannot withhold the petitioner for relieving, on the pretext that they are not able to get a substitute teacher in the place of the petitioner. Hence, the contention of the learned counsel for the respondent/Corporation cannot be accepted and the petitioner is entitled to get the relieving order. 6. In the above stated position, the writ petition is allowed and the third respondent is directed to relieve the petitioner so as to enable him to join in the transferred post, namely, Government High School, Periachevalai, Villupuram District, within a period of four weeks from the date of receipt of a copy of this order. With the above direction, this writ petition is allowed. No costs.