IN THE HIGH COURT OF JUDICATURE AT MADRAS Date:- 05.02.2010 Coram The Honourable Mr. Justice M. CHOCKALINGAM and The Honourable Mr. Justice T. RAJA W.P. No.1497 of 2010 and M.P. No.1 of 2010 T. Saroja ... Petitioner ..Vs.. 1. Government of Puducherry, Judicial Department, rep. by Chief Judge, Puducherry State. 2. The Registrar, Addl. District and Sessions Judge, Puducherry at Karaikal, Karaikal, Puducherry State. 3. The Secretary, Judicial Department, Government of Puducherry, Puducherry State. 4. Mohamed Farook, Judicial Magistrate-II, Karaikal, Puducherry State. ... Respondents https://hcservices.ecourts.gov.in/hcservices/ Writ Petition filed under Article 226 of the Constitution of India, seeking to issue a writ of certiorarified mandamus, to call for the records in office order No.1026/JD/A/2009 dated 10.9.2009 passed by the first respondent herein and the same has been served on 23.11.2009 and the second respondent relieving order passed in Office Order No.337/JUD/ADSJ/Estt/KKL/2009 dated 23.12.2009 and quash the same as illegal and direct the respondents to post the petitioner as Karaikal Division. For Petitioner : Mr. R. Sankarasubbu For Respondent : Mr. Syed Mustafa, 1 to 3 Govt. Advocate (Pondy.) O R D E R (Order of the Court was made by M. CHOCKALINGAM, J.) This writ petition seeks to set aside the order dated 23.12.2009 passed by the second respondent, directing the petitioner to report duty at the Sub Court, Mahe. 2. Admittedly, the petitioner was working for more than a decade as Peon in the Judicial Magistrate Court, did not attend duty on 5.9.2009. Neither she applied for leave nor permission. While the matter stood thus, she gave a representation to transfer her to any other Court. While making an order of transfer of seven employees of the same cadre, the petitioner was transferred and posted to the existing vacancy at Sub Court, Mahe. Such order is challenged in this writ petition. 3. Learned counsel, taking the Court to the representation made by the petitioner to the District Judge, Karaikal, submitted that the petitioner sought for transfer to anyone of the places at Karaikal, but she was transferred to Mahe, which is 700 kms. away from Karaikal. She was a female, aged about 45 years When all other candidates were transferred to in and around Pondicherry, she alone was transferred to Mahe. In such circumstances, the order has got to be set aside and she must be transferred to anyone of the place in and around Karaikal. 4. The Court heard the learned counsel appearing for the petitioner and the respondents and looked into the materials available on record. 5. The Court is of the considered opinion that in the present case, the order passed by respondents 1 and 2 are not to be disturbed for two reasons. Firstly, the petitioner has not attended duty on https://hcservices.ecourts.gov.in/hcservices/ 5.9.2009 and the case of the petitioner is that she applied for medical leave. But, no action has been taken in that regard. It is true that she has given a representation and that representation has to be acted upon, pursuant to which, she was transferred to Sub Court, Mahe. It is true, Mahe is situated 700 kms. away from Karaikal and the petitioner is also a woman folk. 6. Looking into the representation, the Court is of the considered opinion that the representation made on 7.9.2009 itself speaks for transfer. It is also brought to the notice of the Court that immediately after service of transfer order on 10.9.2009, she applied for medical leave for few months. Though she got relieving order on 23.12.2009, she has not reported for duty. 7. Under such circumstances, the Court is of the considered opinion that the order passed by respondents 1 and 2 need not be disturbed. The petitioner is directed to report for duty as per the transfer order at District Court, Mahe. Learned Judge can consider the case of the petitioner and posting her in anyone of the places in the State of Pondicherry after a period of four months from the date of reporting to duty. With these observations, the writ petition is disposed of. Consequently, the connected M.P. is closed. No costs. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar ssa. To 1. The Chief Judge, Government of Puducherry, Judicial Department, Puducherry State. 2. The Registrar, Addl. District and Sessions Judge, Puducherry at Karaikal, Karaikal, Puducherry State. https://hcservices.ecourts.gov.in/hcservices/ 3. The Secretary, Judicial Department, Government of Puducherry, Puducherry State. 4 The District Judge, Mahe. + 1 C.C TO MR. R. Sankarasubbu, Advocate SR.NO.7235 + 1 C.C TO MR. Senior Government Pleader Cum Special Public Prosecutor for Puducherry SR.NO.7406 W.P. No.1497 of 2010 and connected M.P. BKY[CO] KS 19/02/2010 https://hcservices.ecourts.gov.in/hcservices/