A. Krishnan v. Secretary To Government School Education Department
2014-02-05
R.SUBBIAH
body2014
DigiLaw.ai
Judgment 1. The petitioner has come up with the present writ petition, challenging the order of the second respondent dated 21.1.2014 and to direct the respondents to allow him to work in his current working place. 2. It is the case of the petitioner that he was appointed as a Teacher in the year 1987 and promoted as Primary School Head Master in the Year 1990. Subsequently, he was promoted as Middle School Head Master and finally, promoted as Assistant Educational officer on 3.12.2005 and placed in Erode District. Upto 29.5.2013, he worked in Krishnagiri District and now he is working as Assistant Educational officer in Nattarampalli Union, Vellore District from 30.5.2013 to till date. The petitioner worked about 27 years under the respondents without any remarks. While so, all of a sudden, the second respondent issued the impugned order of transfer in his proceedings dated 21.1.2014, transferring the petitioner from Nattarampalli Union to Solingar Union, Vellore District, which is 150 km distance from the current working place. When the petitioner approached the third respondent, he was orally informed that the order of transfer is given under political pressure. Hence, challenging the same, the petitioner has come up with the present writ petition. 3. The second respondent filed a counter affidavit stating that in sholingur Union, Vellore District, there was unrest among the teachers due to managerial lapses of the erstwhile officer, because of the belated payment of monetary benefits to the teachers by the erstwhile officer. The laches in the financial administration was pointed out by the Audit authority of the Department. Therefore, there was an immense requirement to replace the erstwhile officer in sholingur Union. The petitioner was required to be transferred to restore the normalcy in sholingur Union and in the interest of administration and welfare of the teachers and students in the Panchayat Union Schools at Sholingur and hence, the impugned order of transfer has been passed. The erstwhile officer who was transferred to Nattarampalli Union has joined duty on 24.1.2014. No rule prevents the competent authority to transfer a person, who has already been transferred, based on the requirement of administration. The transfer order passed by the second respondent is not as a measure of punishment, but due to the requirement of service and welfare of poor children studying in the panchayat Union Schools. Absolutely, there is no mala fide intention in the transfer order.
The transfer order passed by the second respondent is not as a measure of punishment, but due to the requirement of service and welfare of poor children studying in the panchayat Union Schools. Absolutely, there is no mala fide intention in the transfer order. Thus, the counter affidavit sought for the dismissal of the writ petition. 4. Learned counsel appearing for the petitioner submitted that the second respondent has passed the impugned transfer order with a mala fide intention. The petitioner was transferred to the present place only 7 months earlier in a counseling and pursuant to the earlier transfer, the petitioner shifted his households only one month before and within one year he cannot be thrown out without any valid reasons. Therefore, the order of transfer is liable to be quashed. 5. On the other hand, learned Special Government Pleader appearing for the respondents submitted that the order of transfer was effected by the second respondent only in the interest of administration and welfare of the teachers and students in the Panchayat Union Schools at Sholingur Union. In fact, there was an unrest due to managerial lapses of the erstwhile officer in sholingur Union Hence, the petitioner was required to be transferred to restore the normalcy in sholingur Union the transfer order is not a measure of punishment and it is only for administrative reasons. Thus, he prays for the dismissal of the writ petition. 6. Keeping the submissions made on either side I have carefully gone through the materials placed on record. 7. Though the learned counsel appearing for the petitioner submitted that the present transfer order has been passed with a mala fide intention, except such a bald statement in the affidavit filed in support of the writ petition, I do not find any tangible evidence to support the said allegation. But, in the counter affidavit, it has been clearly stated that the petitioner was required to be transferred to restore the normalcy in Sholingur Union and hence, the transfer is only out of necessity and not punishment. It is the further case of the petitioner that he was transferred only 7 months earlier and within one year, he cannot be thrown out.
It is the further case of the petitioner that he was transferred only 7 months earlier and within one year, he cannot be thrown out. But, in my considered opinion, when the transfer is due to administrative reasons, this Court cannot interfere with the same on the ground that the petitioner cannot be transferred within a short span of time viz., 7 months from the earlier transfer. Therefore, I do not find any valid reasons to interfere with the order of transfer. 8. In fine, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.