IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 26.10.2009 CORAM THE HONOURABLE MR.JUSTICE T. RAJA W.P.No. 11836 of 2009 and M.P.No. 1 of 2009 P.J.Philips Calvin ... Petitioner – Vs - 1. The Director of Matriculation Schools College road, Chennai – 6. 2. The Bishop cum Manager C.S.I. Diocese of Madras Chennai – 86. 3. The Correspondent, C.S.I. St Stephen Matriculation School, Pallavaram, Chennai – 43. 4.The Principal, C.S.I. St, Stephen Matriculation School, Pallavaram, Chennai – 43. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus directing to call for the records relating to the proceedings of the 3rd respondent dated 27.04.2009 issued against the Petitioner and quash the same and consequently to direct the respondents to permit the Petitioner to function as Junior Assistant in 4th respondent School with all attendant benefits and to regulate the period of absence as duty for all purposes. For Petitioner : P.I. Thirumoorthy For Respondents : Mrs.E. Ranganayaki Government Advocate for R-1 Mr.D.Prabhu Mukunth Arunkumar for R2 to R4 https://hcservices.ecourts.gov.in/hcservices/ ORDER The Petitioner P.J. Philips Calvin is challenging the transfer Order posting him as Campus Supervisor in C.S.I Bain Higher Secondary School from C.S.I. St. Stephen's Matriculation School, Pallavaram with effect from 01.05.2009 which is only a few Kilometres. 2. The learned counsel for the petitioner submits that the second respondent wrongly transferred the petitioner to the post which is non-defined under the service rules or law. Further it is submitted that the order of transfer is liable to be set-aside for the violation of principles of natural justice as no notice has been given prior to passing the impugned order and the post of campus supervisor is equal to the status of senior peon only but it cannot be compared or equated with the post of Junior Assistant. The duties and liabilities of the Campus supervisor and junior Assistant are entirely different. The duties of the campus supervisor is only to supervise the sweepers, and watchman in the school campus whereas the duties of the Junior Assistant is to deal with the accounts of the school, salary bills of teaching and non-teaching staff. In total, the post of campus supervisor is a degraded and lower post. Hence the present transfer order was sought to be set aside. 3. On the other hand the respondents filed their counter affidavit submitting that the petitioner has been transferred from Junior Assistant to Campus Supervisor from C.S.I. St. Stephen Matriculation School, Pallavaram to the C.S.I. Bain Matriculation Higher Secondary School, Kilpauk, Chennai which is a permanent post. Three other Matriculation schools namely C.S.I. Ewart HSS, C.S.I.Jessi Moses HSS and C.S.I. Bain HSS are also under the second respondent C.S.I. Diocese of Madras and this post is in existence for the past 15 years. Further in their counter affidavit it is mentioned that the petitioner is entitled to more pay scale and the allowances are also more compared to the previous scale of pay. The present school is having strength of more than 3700 with each standard having many sections, with a sprawling campus. However, besides to the more scale of pay the petitioner will also be entitled to get the allowances which are higher than the one which he had received from the previous school. The petitioner has been posted on transfer from one school to another school in Madras City itself under the same management. This transfer order has been passed after 14 years of his service rendered in one school, that too, within 4/5 kilometres. It is well settled that no transfer order requires prior notice nor needs to mention any reasons. 4. Hence, this Court is not inclined to interfere with the transfer order and therefore the relief sought for in this Writ Petition cannot be granted. Hence the Writ Petition is dismissed. https://hcservices.ecourts.gov.in/hcservices/ Consequently, connected the Miscellaneous Petition is closed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar Adl To The Director of Matriculation Schools College road, Chennai – 6. 1 cc To Mr.P.I.Thirumoorthy, Advocate, SR.56713 1 CC to the Government Pleader SR NO 56685 3 ccs To Mr.D.Prabhu Mukunth Arunkumar, Advocate, SR.56601 W.P.No. 11836 of 2009 RSM(CO) sra 25.11.2009 https://hcservices.ecourts.gov.in/hcservices/