R RAMANATHAN Vs. SECRETARY TO THE GOVERNMENT HIGHER EDUCATION DEPARTMENT FORT ST GEORGE CHENNAI 600 009

JUDGEMENT

(1.) THIS writ petition is directed against the order of the second respondent, the Director of Collegiate Education, dated 06.09.06 under which the second respondent ordered transferring the petitioner who was working as a lecturer in Physics department in Government Arts College, Ariyalur on administrative ground to Government Arts College, Pulankuruchi and also subsequent relieving order passed by the third respondent, the Principal of Government Arts College, Aiyalur relieving the petitioner as lecturer from the said College.

(2.) THE writ petitioner who appears party in person challenges the said orders on the ground that he filed W.P.Nos.30279/2005 & 1819/2006 in respect of his increment and senior scale of pay which claim according to him were rejected by the respondents with malafide intention and the said writ petitions are posted in March 2007 for final disposal. According to the petitioner, even in that writ petitions he has made the officials in their personal names also and when there was a application filed for removal of the same, the same is posted along with the said main writ petitions. It was thereafter, with a malafide intention, which the fifth respondent has developed against the petitioner, the second respondent has ordered the transfer.

(3.) THE petitioner would also state that as per his claims, the transfer would be effected only if there are more than 50% of the sanctioned strength and in the case of request transfer, counselling is conducted. According to the petitioner, he being the permanent lecturer in the Physics Department, as against the sanctioned strength of eight lecturers in the third respondent College, he has not requested for any transfer and hence, the transfer order is illegal. He would also submit that after the retirement of one R.Ramalingam, the Head of the Department in Physics, in the third respondent College on 31.5.2006, the petitioner was the only permanent lecturer in the Physics department to whom the laboratory ought to have been handed over. THE previous incumbent, R.Ramalingam, failed to hand over the same, according to the petitioner, the same was allowed by the fifth respondent, the Principal in charge. THErefore, since the petitioner has objected for the same, the fifth respondent has developed a malice against the petitioner. He would also state that even after the retirement of the said R.Ramalingam on 31.5.2006, he was re-appointed till the end of the academic year and he was allowed to continue as Head of the Physics Department and that was also challenged in a writ petition by making the then Director (Finance), C.Giri Renganathan in his personal name. THE petitioner send many letters to the retired teacher to hand over the charge of Physics lab, however, the fifth respondent, Principal in charge personally came to the Department and referred to some of the Registers without furnishing the necessary registers to the petitioner. THE list of many Registers were missing. When these shortcomings were intimated, the fifth respondent without ordering the outgoing Head of the Department in a proper manner, maliciously attempted to help him without any authority of law. THE petitioner also furnished some of the instances to show as if the fifth respondent has been doing misdeeds. THErefore, according to him, the fifth respondent might have recommended that the petitioner should be transferred taking advantage of the fact that on one such occasion, when he came to this Court to conduct his case, he was absent in the College. He would also charge that the fifth respondent, principal in charge have been responsible for all the misdeeds in respect of physics laboratory. He would also state that the petitioner was given only 3 days for verification of various materials in the Physics laboratory and the mandatory registers were not given. According to the petitioner, the fifth respondent has colluded with the fourth respondent who is the Director of Collegiate Education and he has also made him as a individual person for having passed the impugned order.