S PITCHAI AROCKIYAM Vs. DISTRICT ELEMENTARY EDUCATIONAL

JUDGEMENT

(1.) THE petitioner is aged about 50 years. At the time of filing the Writ Petition, the petitioner was working as a Head Master in the Panchayat Union Elementary School at Nariyampatty. THE grievance of the petitioner is that he was transferred from Panchayat Union Elementary School, Nariampatty to the Panchayat Union Elementary School at Kudi Vaandj Maripathalyoor in Karur District by the respondents through the impugned order on the ground that the transfer is made for administrative reasons.

(2.) MR. N. Sathish Babu, the learned counsel appearing on behalf of the petitioner contended that the authorities did not disclose the reasons for transfer except stating that the transfer is on administrative grounds, and that as per G.O.Ms.No.110 dated 18.8.2004, they are supposed to disclose the reasons for such transfer even though on administrative grounds. Apart from that, he further submits that the wife of the petitioner is also working at the same place and transfer of the petitioner in the middle of the academic year is not only disturbing the family life of the petitioner but also the education and livelihood of the children. On behalf of the petitioner it is contended that the transfer is motivated and without any valid grounds.

(3.) IN the instant case, on behalf of the petitioner across the bench, it is submitted that the wife of the petitioner is working at the same place, in spite of that the respondent has decided to shift the petitioner. Apart from that, the Annexure in the G.O.- in case (iv) reads as follows: "Administrative Transfers will be made only when complaints have been enquired into by the competent authority and when the disciplinary action is proposed to be taken on prima facie evidence. The reason for the administrative transfer are to be recorded in the relevant file".