K. GAYATHIRI Vs. THE DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) The Writ Petitions have been filed challenging the impugned orders passed by the Director of Collegiate Education in Na.Ka. No. 28403/D/5/2015 pertaining to the transfer order dated 03.03.2016 and for the consequential order of reinstatement and payment of salary to the petitioner.

(2.) Brief facts leading to filing of the cases are : The petitioner has obtained a degree in Master of Arts and a Doctorate in Philosophy in Tamil from Alagappa University and have also cleared the National Educational Test, thereby acquired the qualification to be posted as a Lecturer in Universities/ Colleges. On 09.11.2006, the petitioner is working in Annamalai University as an Assistant Professor, in the department of Tamil Studies and Research. Based on the orders of the Government of Tamil Nadu, Higher Education Department, in G.O. Ms. No. 14 dated 23.01.2016, a total of 370 faculty members working in Annamalai University were identified as surplus faculty, of which 38 faculty members from the Department of Tamil Studies and Research and they were transferred to various Universities in the State, on contract for a period of three years. Since the petitioner was not identified as a surplus faculty, she was continuing as an Assistant Professor in the Annamalai University. However, vide the impugned order of transfer dated 09.03.2016, the petitioner has been transferred to the Government Arts College, Kulithalai. Challenging the same, the petitioner has filed W.P. No.9637 of 2016 and subsequently filed W.P. No. 17329 of 2016 seeking for a direction to the Registrar, Annamalai University to pay her salary.

(3.) Learned counsel for the petitioner submitted that originally she was not in the surplus list and hence she was not transferred. On 03.03.2016, the Director of Collegiate Education, Chennai issued proceedings in Lr. No. 28403/ D5/ 2015 stating that the faculty transferred to Government Arts College, Kulithalai was not permitted to join since he did not possess the requisite qualification and so vide order dated 09.03.2016 the petitioner has been transferred and posted to the said place. Without the Government order being amended or without new order being issued, the petitioner being a qualified person has been re-located and transferred. Learned counsel further submitted that anticipating the impending transfer, the petitioner filed a W.P. No.7879 of 2016 on 01.03.2016. But, the same was dismissed by this Court, as the same was a premature one. Hence, the petitioner filed the present writ petition and this Court by its order dated 18.03.2016 granted an order of status- quo and also issued a direction to file a report as to whether the petitioner is a surplus staff or not.