IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20 .07.2009 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.NO.26214 of 2008 and M.P.No.1/2009,2/2008 E. Kothandaraman ... Petitioner Vs. 1.The State Secretary, The Bharat Scouts and Guides Tamil Nadu, State Headquarters, Wenlock Park, Chennai.5. 2. The State Chief Commissioner, The Bharat Scouts and Guides Tamil Nadu, State Headquarters, Wenlock Park, Chennai.5. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the impugned order in Na.Ka.No. 102/Ni/08, dated 25.10.2008 passed by the 2nd respondent and quash the same. For Petitioner : Mr P. Sanjay Gandhi For Respondents : Mr. G. Sankaran Spl. Govt. Pleader O R D E R The petitioner was appointed as a gardener-cum-Office Assistant in the year 1986 and thereafter he was promoted as Special Grade office assistant and was working in the head quarters at Chennai under the respondents. After completion of more than 23 years of service, on 25.10.2008, the impugned order of transfer was issued whereby, one Manokaran, working as office assistant at the respondents' training center, Kunoor was transferred to the head quarters and the petitioner was directed to join duty at Kunoor in the place of Manoharan. 2. The petitioner made a representation to retain him at Chennai and since the same was not considered, he filed the writ petition. Interim stay was granted on 5.11.2008. The main grievance https://hcservices.ecourts.gov.in/hcservices/ of the petitioner is that his eldest son was studying in 12th standard then and the daughter was studying in 10th standard. Since the transfer order has been issued in the middle of the academic year, he will be put to prejudice. He pleaded for retention on health ground also. 3. In view of the interim order passed as above, the petitioner had the benefit of continuing to serve in the head quarters at Chennai till the end of the academic year 2009. The son completed the 12th standard course. 4. The respondents however states that no other persons can be posted at the respondents training center at Kunoor for want of adequate staff in the rolls of the non Government Organisation. There will be financial constraint on the respondents, a non Governmental organisation working with limited funds, if another person is to be appointed. The center at Kunoor is very much affected because of the interim order of this Court and there is no person to maintain the center at Kunoor. No malafide has been attributed to the transfer and the petitioner has been transferred for the first time that too after completion of more than 25 years of service. The transfer is purely on administrative reason. The petitioner had the benefit of interim order till the end of the academic year and therefore, he has to voluntarily join duty atleast in the year 2009. 5. The petitioner relied upon the decision of the Apex Court in Director of School Education Vs. O. Karuppa Thevan and others reported in (1994 Suppl. 2, S.C.C. 666 ) and stated that the employees cannot be transferred during the middle of the academic year. The Court was inclined to grant interim order to that extent. The petitioner cannot have any grievance till the end of the academic year. However, after the end of the academic year, the petitioner should have joined duty at Kunoor. He is not entitled to continue in the same post at Chennai when the respondents have already stated that there is no person to take charge of the centre at Kunoor. The other person at Kunoor has joined duty at Headquarters, Chennai. The transfer is purely on administrative ground and there is no allegation of malafide. The respondents organisation is a non Governmental organisation imparting training to students coming from all over India. The effective functioning of the centre at Kunoor has to be primarily considered. The petitioner is not entitled to object to his transfer which is purely administrative. 6. The learned counsel for the petitioner on instruction now states that the petitioner is willing to join duty as office assistant forthwith. The said statement is recorded. Insofar as the pay for a period on and from the date of interim order of this Court till the date of joining duty at Kunoor is concerned, the petitioner is entitled to make a representation to the respondents and claim the salary as per applicable provision. The respondents shall also https://hcservices.ecourts.gov.in/hcservices/ consider the representation of the petitioner on merits on the basis of the records and grant appropriate relief to the extent possible. 7. The writ petition is therefore disposed of recording the submission of the learned counsel for the petitioner that the petitioner is willing to join duty at Kunoor. The petitioner will join duty as office assistant on or before 3.8.2009. The petitioner will report before the office of the District Educational Officer, Kunoor for the same. No costs. Consequently, M.P.Nos. 1/2009 and 2 of 2008 are closed. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar ra To 1. The State Secretary, The Bharat Scouts and Guides Tamil Nadu, State Headquarters, Wenlock Park, Chennai.5. 2. The State Chief Commissioner, The Bharat Scouts and Guides Tamil Nadu, State Headquarters, Wenlock Park, Chennai.5. 3. The District Educational Officer, Kunoor. + 1 cc to Mr.P.Sanjay Gandhi,Advocate,SR.32459 + 1 cc to Government Pleader,Sr.32841 WP No. 26214 of 2008 MSM(CO) EM/4.8.09 https://hcservices.ecourts.gov.in/hcservices/