C SENGOTTUVEL Vs. PRINCIPAL SECRETARY/COMMISSIONER OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCATION AND ORS

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioner is working as Senior Lecturer in the second respondent

(3.) According to the petitioner, as per G.O.Ms. No. 239, Education and Science and Technology (V2) Department, dated 23.03.1995, the educational authorities are directed to consult the Director, NCC, while transferring the NCC part-time Officers employed in the Department from one institution to another and without consulting the 5th respondent, the order of transfer was passed and hence, it has to be quashed. This Honourable Court dismissed the said writ petition W.P.(MD) No. 44414 of 2008 holding that the petitioner was transferred on promotion and it was not a case of transfer simpliciter and therefore, the aforesaid G.O. was not applicable to the petitioner. This Court also granted liberty to the petitioner to make representation to the authorities and on the basis of the representation given by the petitioner, the earlier order was modified and by order, dated 09.1.2008 he was reposted in Madurai as regular Senior Lecturer. Hence, the petitioner was employed as a regular Senior Lecturer in the Electrical and Electronic Department and continuing to function as captain of NCC 7th battalion in Madurai. It is stated by the petitioner that the 3rd respondent, who is the Head of Department of Electrical, is not qualified to hold that post and somebody has made a complaint about the same to the higher authorities and the 3rd respondent is under the impression that the persons working under her might have given such a complaint and therefore, she was having suspicion about the petitioner and other persons. The 4th respondent initially wanted to go to Chennai on transfer and he was also transferred to Chennai and now he wanted to come back to Madurai and taking advantage of the strained relationship between the 3rd respondent and the petitioner and other staff, he was able to influence the authorities to issue the order of transfer on 23.07.2009, transferring the petitioner to Government Polytechnic College at Tuticorin and got him posted in the place of the petitioner. This transfer order, transferring the petitioner to Tuticorin is challenged stating that the transfer was made in violation the G.O.Ms. No. 239, dated 23.03.1995 without consulting the 5th respondent and the person, who was transferred to his post does not have any training in NCC and in the earlier writ petition, this Court has held that but for the transfer of the petitioner on probation, the 5th respondent ought to have been consulted before the transfer and hence, the transfer is liable to be set aside.