M JEEVA JEYARANI Vs. STATE OF TAMIL NADU; JOINT DIRECTOR (AIDED SCHOOLS), DIRECTORATE OF ELEMENTARY EDUCATION; CHAIRMAN, EDUCATIONAL BOARD-TELC; M NATCHATRARAJ; DISTRICT ELEMENTARY EDUCATIONAL OFFICER; ASSISTANT ELEMENTARY EDUCATIONAL OFFICER; CORRESPONDENT, B H M PRIMARY SCH

JUDGEMENT

(1.) This Writ Petition is directed against the order dated 23 April, 2014, whereby and whereunder, the petitioner was transferred from BHM Primary School, Tharangaivasam, Trichy, to TELC Primary School at Mettuppatti.

(2.) The petitioner was appointed as a Secondary Grade Teacher in 1994. She was later promoted as Headmistress and posted at TELC Primary School, Ponmalaipatti, Trichy. There were proceedings between Thiru.Wilson Paulraj, Headmaster, TELC Primary School, Mettuppatti and the Chairman of the Educational Board, Tamil Evangelical Lutheran Church [hereinafter referred to as 'TELC"], with regard to his transfer. Similarly, there were several litigations between two groups claiming right of management of TELC. While the petitioner was functioning as the Headmistress of BHM Primary School, Tranquebar House, Trihcy, the eight respondent herein, who was not in good terms with her, was appointed as the Correspondent of the said School, on 04.07.2013. The eight respondent, to wreck vengeance on the petitioner, took up the issue with the third respondent and that resulted in passing the impugned order of transfer.

(3.) It is the contention of the petitioner that the impugned order of transfer is punitive in nature. The third respondent in the transfer order made series of allegations against the petitioner and the same would make it clear that it was only by way of punishment, the transfer was made. According to the petitioner, transfer was not made on administrative exigencies. The order was issued by way of punishment and the transfer being punitive in nature, is liable to be quashed.