S. Willvam v. Secretary to Government, Department of School Education, Chennai
2015-01-08
K.RAVICHANDRA BAABU
body2015
DigiLaw.ai
JUDGMENT K. RAVICHANDRABAABU, J. 1. This writ petition is filed challenging the order of transfer. 2. The petitioner was working as Headmaster of Government Girls Higher Secondary School, Kadiyapattinam, Kanyakumari District. He was transferred through the impugned proceedings as Assistant District Project Coordinator (SSA), District Project Office, Nagercoil. 3. The contention of the petitioner is that he is transferred to the foreign service and therefore, such transfer order cannot be passed without getting consent from the petitioner. 4. Per contra, the respondents, by filing counter affidavit, opposed the writ petition and submitted that the Headmaster of Higher Secondary School alone would be posted as Assistant Project Officer, SSA Scheme vice versa and neither salary nor any other benefit would get affected. It is further stated that no service condition will be affected by the impugned transfer and seniority will also be maintained. It is the specific case of the respondents that it is not a foreign service as alleged by the writ petitioner and therefore, there is no necessity to get any written consent from the petitioner for transferring him to the present post. It is the contention of the respondents that it is a transfer on deputation. 5. Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6. A perusal of the proceedings of the second respondent, dated 09.01.2013 would show that the contention of the petitioner is not correct as the Assistant District Project Co-ordinator (SSA) is appointed only in the cadre of Headmaster of Government Higher Secondary School. Moreover, it is further made clear therein that they are being appointed on deputation and their parent department is Directorate of School Education/ Directorate of Elementary School Education. To appreciate the above said contention, the relevant paragraph from the above said proceedings is extracted hereunder:- “Tamil” 7. Considering the above said facts and circumstances, I am of the view that the petitioner is not justified in contending that he is transferred to foreign service without getting consent from him. As the transfer order was made based on the administrative reason that too to an equal cadre post, I do not find any justification to interfere with the impugned order.
As the transfer order was made based on the administrative reason that too to an equal cadre post, I do not find any justification to interfere with the impugned order. At this stage, the learned counsel for the petitioner submitted that there are four vacancies in the post of Headmaster itself in the same District in Higher Secondary School, for which, the petitioner may be considered for transfer. It is for the petitioner to make a representation and if any such representation is made, it is for the second respondent to consider the same on merits and also by considering the feasibility of such request and pass orders thereon. 8. With the above directions, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are also dismissed.