S RAMESH Vs. DIRECTOR OF SCHOOL EDUCATION CHENNAI

JUDGEMENT

(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/E1/2010 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.) 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: