M. SEKAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) This writ petition has been filed for a Mandamus seeking for a direction to the fourth respondent to accord approval to the transfer of the petitioner with effect from 18/6/2019 in the fifth respondent school with all monetary and attendant benefits.

(2.) The petitioner was transferred to the fifth respondent school, Chengalpet on 15/6/2019. Since the previous incumbent of the same post in the fifth respondent school had objected for his transfer to Cuddalore, the petitioner contends that the petitioner's transfer was not approved, even though he had been issued relieving orders for his transfer from Chengalpet to the fifth school. According to the petitioner, pursuant to an order passed by the Division Bench of this Court in Contempt Appeal No.6 of 2019 and CMP Nos.561 of 2021 and 23760 of 2019, Daniel/the incumbent to the said post prior to the petitioner's transfer, has joined as Office Assistant in CSI St.David's Higher Secondary School, Cuddalore, where he was transferred by order dtd. 15/6/2019. Therefore, according to the petitioner, there is no impediment for the fourth respondent to approve the petitioner's transfer to the fifth respondent school. The petitioner has given a representation on 8/12/2021 seeking for approval of his transfer to the fifth respondent school. Since the representation has not been considered till date, the petitioner has filed this writ petition.

(3.) Heard Mr.Fr.Xavier Arulraj, learned Senior Counsel appearing for the petitioner and Mr.C.Sathish, learned Government Advocate accepts notice on behalf of the respondents. By consent of both the parties, the main writ petition has been taken up for final disposal.