M RADHA Vs. SHANMUGAVADIVU

JUDGEMENT

(1.) THIS Writ Appeal is directed against the order dated 27.02.2007 made in W.P (MD) No.3643 of 2004, where under the first respondent herein had challenged the proceedings of the second respondent herein dated 08.10.2004, transferring the appellant herein from Government Higher Secondary School, Kalingappatti, Tirunelveli District to Government Higher Secondary School, Vanaramutti, Tuticorin District on the ground that the same is contrary to the guidelines issued in G.O.Ms.No.110 School Education (E1) Department dated 18.08.2004 for transfer of teachers for the academic year 2004 " 2005.

(2.) LEARNED Single Judge by an order dated 27.02.2007 appreciating the challenge that the transfer order dated 08.10.2004, transferring the appellant herein from Government Higher Secondary School, Kalingappatti, Tirunelveli District to Government Higher Secondary School, Vanaramutti, Tuticorin District is contrary to the guidelines issued in G.O.Ms.No.110 dated 18.08.2004, of course without disturbing the appellant herein in the middle of the academic year, permitted her to continue in Government Higher Secondary School at Vanaramutti, Tuticorin District till the end of the academic year and subsequent to relieving, directed the authorities to consider the request of the first respondent herein for transfer to Government Higher Secondary School at Vanaramutti, Tuticorin District from Government Higher Secondary School, Kalingappatti, Tirunelveli District, because as per G.O.Ms.No.110 dated 18.08.2004, the request of the teachers within the district for transfer shall be considered in priority over the request of the teachers outside the District.

(3.) THE second and third contentions of the learned counsel for the appellant that unless the impugned transfer order is quashed, the learned Single Judge ought not to have given consequential direction and the appellant has already joined in the transferred station failed in our considered view because the learned Single Judge, without disturbing the appellant herein in the middle of the academic year, permitted her to continue at Government Higher Secondary School, Vanaramutti, Tuticorin District till the end of this academic year and subsequent to the relieving of the appellant, directed the authorities to consider the request of the first respondent / writ petitioner. THErefore, for making such a direction, there is no need to quash the proceedings of the Chief Educational Officer / second respondent herein dated 08.10.2004 and the order has to be read in the context of the facts and circumstances of the case and also observations and directions given thereunder. Only to accommodate the appellant herein at Government Higher Secondary School, Vanaramutti, Tuticorin District till the end of the academic year, the impugned order of transfer was not quashed by the learned Single Judge. That apart, merely because the appellant herein has already joined at Government Higher Secondary School, Vanaramutti, Tuticorin District, learned Single Judge has not chosen to disturb her in the middle of the academic year. THErefore, the appellant is not entitled to contend that the learned Single Judge ought not to have given consequential direction without quashing the impugned proceedings.