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2012 DIGILAW 1174 (MAD)

M. Mani v. Director Of Elementary Education, Nungambakkam

2012-03-02

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of Certiorari, to quash the order of transfer dated 16.09.2011 with consequential prayer for directing the respondents to allow the petitioner to continue on the post till her retirement on 31.07.2012. 2. The petitioner joined the service as Secondary Grade Teacher on 01.06.1988 and was thereafter promoted as Elementary School Headmistress on 03.06.2002, and Middle School Headmistress, Panchayat Union Middle School, Gandhipuram Panamarathupatti Panchayat Union on 01.06.2010. 3. The petitioner, while serving at Middle School Headmistress, Panchayat Union Middle School, Gandhipuram Panamarathupatti Panchayat Union, has been transferred vide the impugned order. 4. The petitioner has challenged the impugned order on the ground that it is against Government policy, which stipulates that persons on the verge of retirement are not to be shifted, as also on the ground that petitioner is suffering from Chronic Asthma, therefore, it is not medically advisable to go to the new place of posting, which is a hill area. It is well settled that guidelines regarding transfer are merely instructions, which give no enforceable right to the employee, to challenge the order of transfer. 5. It is not disputed that the petitioner has joined the new place of posting and is working at the new place of posting. Therefore, there is no necessity to go into question of ailment of the petitioner. 6. The stand by respondents in the counter is, that it was as per the administrative exigency of service and also keeping in view the instructions that a person cannot be posted to the hill area for more than 1= year, that the petitioner has been posted. 7. The respondent no.3 has already completed her tenure in the hill area, whereas the petitioner in her service career has not served in the hill area. 8. Keeping in view the fact that the petitioner, has already joined the new place of posting and that the instructions with regard to transfer merely in nature of guidelines, which do not give any enforceable right to the petitioner to challenge the order of transfer. This writ petition being without merit is ordered to be dismissed. 9. No costs. Connected miscellaneous petition is closed.