P GANDHI Vs. R VELMURUGAN

JUDGEMENT

(1.) This Writ Appeal is preferred against the order of learned single Judge passed in Writ Petition No. 21880 of 2009, directing second respondent to keep the transfer order in abeyance and to give effect to the same with effect from 1.6.2010.

(2.) Brief facts are that first respondent has been working as Warden in Government Boys Hostel (MBC), Somandargudi, Kallakurichi Taluk, Villupuram District. It is stated that first respondent is an handicapped person because of polio attack. Appellant has been working as Warden in Government Boys School (MBC), Nainarpalayam, Kallakurichi Taluk, Villupuram District. By order dated 21.10.2009, the first respondent was transferred from Somandargudi Government Boys Hostel to Nainarpalayam Boys Hostel and the appellant was transferred from Nainarpalayam to Somandargudi. The transfer order was challenged by first respondent in Writ Petition No. 21880 of 2009.

(3.) Upon hearing learned counsel for first respondent and for appellant and learned Government Pleader, who appeared for second respondent, learned single Judge directed that the transfer order to be kept in abeyance till 31.5.2010 and to give effect to the same with effect from 1.6.2010. Learned single Judge while observing that even though Government has power to pass transfer orders, there cannot be transfer orders in the middle of academic year, placed reliance on Director of School Education, Madras and Others v. O. Karuppa Thevan and Another (1994) Supp 2 SCC 666.