1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.14341 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 S.Kannan : Petitioner Vs. 1.The Engineer-in-Chief [Buildings], Public Works Department [WRO], Chepauk, Chennai. 2.The Director, Irrigation Management Training Institute, Cauvery Valagam, Thuvakudi, Trichy District. 3.Krishnamoorthy, House Keeper, Irrigation Management Training Institute, Cauver Valagam, Thuvakudi, Trichy District. 4.R.Vijayakumar, Assistant (outsource), Irrigation Management Training Institute, Cauver Valagam, Thuvakudi, Trichy District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus calling for records relating to the impugned transfer order issued by the second respondent in his proceedings No.A-405/Pa Me Pa Ni/2011, dated 30.11.2011 and quash the same and consequently direct the second respondent to allow the petitioner to continue his service as Junior Assistant in the second respondent office. For Petitioner : M/s.P.Arun Jayatram For Respondents : Mr.B.Pugalenthi, Special Government Pleader. ORDER ****** The present writ petition is directed against the order passed by the second respondent/the Director, Irrigation Management Training Institute, Thuvakudi, Trichy District, in his proceedings No.A-405/Pa Me Pa Ni/2011, dated 30.11.2011 to quash the same with consequential direction to the second respondent to allow the petitioner to continue his service as Junior Assistant in the second respondent office. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The learned Counsel appearing for the petitioner would submit that the petitioner was initially appointed as Watchman in the second respondent office and as he possessed higher educational qualification, he made several representations to consider him for any suitable post. On considering his qualifications, he was promoted as Junior Assistant in the Chief Office of Irrigation Management Training Institute, Trichy. Thereafter, he was transferred to the second respondent office and he has been working there as Junior Assistant. While so, the grievance of the petitioner is that when he was transferred vide impugned order, he has been reverted to the post of House Keeper. Aggrieved by the same, he has come to this Court with the above prayer. 3. According to the learned Counsel appearing for the petitioner, the said order is untenable as it does not assign any valid reasons. The another contention raised by the learned Counsel appearing for the petitioner is that the qualification prescribed for the post of House Keeper and Junior Assistant shows that the post of Junior Assistant is placed on a higher category than that of the post of House Keeper. Therefore, the transfer of petitioner from ministerial post to the post of House Keeper which is nothing but a lower category post, hence, he is entitled to challenge the impugned order. 4. The above contention made by the learned Counsel appearing for the petitioner has been disproved by the learned Special Government Pleader appearing for the respondents by bringing to the notice of this Court the Service Rules of Irrigation Management Training Institute. The special rules for the post of House Keeper shows that the scale of pay is on par with the Junior Assistant and as fixed by the Tamil Nadu Government from time to time. Therefore, when the scale of pay for the post of House Keeper and Junior Assistant is one and the same, this Court does not find any irregularity in the impugned order. Hence, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1. The Engineer-in-Chief [Buildings], Public Works Department [WRO], Chepauk, Chennai. 2. The Director, Irrigation Management Training Institute, Cauvery Valagam, Thuvakudi, Trichy District. + 1 cc to Mr.P.Arun Jayatram, Advocate, SR No.44860 Order made in W.P.(MD).No.14341 of 2011 Dated:- 20.12.2011 srm RJ/9.1.12 2p/4c https://hcservices.ecourts.gov.in/hcservices/