1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).Nos.9516 and 9517 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 R.Nedunchezhiyan : Petitioner in W.P.(MD)No.9516/2011 P.Muniyandi : Petitioner in W.P.(MD)No.9517/2011 Vs. 1.The District Collector, Karur District, Karur. 2.The Block Development Officer, Kadavur Panchayat Union, Karur District. 3.Mrs.Shobana, District Collector, Karur District, Karur. : Respondents in both W.Ps. 4.Mr.Rajalingam, Father's Name not known, Noon Meal Organizer, Panchayat Union Elementary School, Vilvamarathupatti, Kadavur Panchayat Union at Tharangampatty, Kadavur Taluk, Karur District. : 4th Respondent in in W.P.(MD)No.9516/2011 5.Mrs.Nagalakshmi, Father's Name not known or Husband's name not know, Noon Meal Organizer, Panchayat Union Middle School, Servaikaranpatty, Kadavur Panchayat Union at Tharangampatty, Kadavur Taluk, Karur District. : 4th Respondent in in W.P.(MD)No.9517/2011 [R4 impleaded as party respondent as per the order of the Hon'ble Court dated 02.12.2011 in M.P.No.3/2011.] PRAYER in W.P.(MD)No.9516 and 9517/2011: Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent in Na.Ka.No.A1/245/2011/NMS dated 16.08.2011 and the https://hcservices.ecourts.gov.in/hcservices/ 2 consequential order in Na.Ka.No.A8/1930/2011 dated 22.08.2011 and quash the same and consequently direct the first respondent to transfer petitioners as Noon Meal Organisers in Government Higher Secondary School, Kaniyalampatti and in Government Middle School, Servaikaranpatti respectively. For Petitioner : M/s.V.Perumal For Respondents 1&3 : Mr.B.Pugalenthi Special Government Pleader For Respondent 2 : Mr.R.Anandharaj For Respondent 4 : M/s.P.Samuel Gunasingh COMMON ORDER The petitioners, aggrieved by the order of transfer dated 16.08.2011 passed by the first respondent in Na.Ka.No.A1/245/2011/NMS transferring the petitioners from Government Higher Secondary School, Kaniyalampatti to Panchayat Union Primary School, Vilvamarathupatti and Government Middle School, Servaikaranpatti to Panchayat Union Elementary School, K.Ayyampalayam, have filed the present writ petitions on the ground that the transfers have been effected only on the application requesting transfer of other persons. 2. It has been submitted by the learned Counsel appearing for the petitioner in both writ petitions that the first respondent with mala fide intention, that too, based on the recommendation of some V.I.Ps has erroneously passed the transfer order. He has also brought to the notice of this Court the reference portion of the impugned order dated 16.08.2011 wherein the District Collector has mentioned about how many letters he has received from all the VIPs for effecting the transfer. On this basis, it was contended that the impugned transfer order has been passed only with ulterior motive of helping some other persons who wanted to occupy the petitioners place through unlawful means. 3. In reply, the learned Special Government Pleader would submit that the fourth respondent, in W.P.(MD) No.9516/2011, who joined as Noon Meal Organiser in the year 1983, is about 56 years old and as he has been working for the last 28 years in Vilvamarathupatti as Noon Meal Organiser, he made a request to transfer to her native place, only after 20 years of service to Kaniyalanpatti which is his native place on the ground that he is having heart ailment coupled with blood pressure, the petitioner's request for transfer to the present place has been considered by the first respondent and effected the transfer. Further, the transfer of the fourth respondent in W.P.(MD) No.9517 of 2011 has also been effected on the ground that she had worked as a Noon Meal Organiser in Mullupatty village for the past 17 years and after serving 17 years only she https://hcservices.ecourts.gov.in/hcservices/ 3 made request for transfer. Therefore, the impugned order does not call for any interference. 4. Heard both sides. 5. It appears that the petitioner in W.P.(MD) No.9516 of 2011 joined in the Government School at Seethapatti as Noon Meal Organiser in the year 1983. When the post of Noon Meal Organiser at Kaniyalanpatti Government Higher Secondary School fell vacant he applied for transfer to be posted at Kaniyalanpatti Higher Secondary School. Similarly, the fourth respondent also approached some VIPs with application to transfer him to Kaniyalanpatti Government Higher Secondary school. On the basis of the letters given by some of the higher officers and letter from one Member of Legislative Assembly of Krishnarayapuram, the first respondent District Collector, Karur, has passed a proceedings on 10.08.2011. Subsequently thereafter, he has effected the impugned proceedings dated 16.08.2011 transferring the petitioners from Government Higher Secondary School, Kaniyalampatti to Panchayat Union Primary School, Vilvamarathupatti and Government Middle School, Servaikaranpatti to Panchayat Union Elementary School, K.Ayyampalayam respectively. 6. Further, on the face of the impugned order, this Court can see that the first respondent has effected the transfer of the petitioners, relying upon certain letters and other materials in order to help the fourth respondents' request for transfer. No doubt, it is true that the first respondent is a competent authority to transfer the petitioners on an administrative ground. However, the impugned order passed by the first respondent, on the face of it, cannot be termed as one passed for administrative reason, for, the first respondent has mentioned even various recommendation letters received from several VIPs. Therefore, I do not find any administrative ground to effect the transfer challenged herein. In a similar circumstances, this Court also in A.Kaliyamoorthy v. District Collector/Inspector of Panchayats, Perambalur, Perambalur District and another, reported in (2009) 8 MLJ 588, has held as follows: "The first respondent has transferred the petitioner relying upon certain letters and other materials behind the back of the petitioner in transferring the petitioner. No doubt it is true that the first respondent is the competent authority to transfer the petitioner on a administrative ground. However, the order passed by the first respondent on facts cannot be termed as the one passed by the administrative one. Moreover, as contended by the learned counsel for the petitioner the Government Order relied upon by the learned Government Advocate also does not apply to the present case. The said Government Order provides power to the first respondent to take action whenever an employee commits any irregularity. However, the said Government Order cannot be construed to hold that without conducting an enquiry an order of transfer cannot be passed by the https://hcservices.ecourts.gov.in/hcservices/ 4 first respondent deriving the power from the said Government Order." 7. The above observation is squarely applicable to the case of the petitioners herein. Further, It has been settled repeatedly by this Court and the Hon'ble Apex Court on umpteen numbers of judgments that the transfer order shall not be ordinarily interfered with as it is passed only on administrative ground. At the same time, it has been equally settled that if any transfer order is passed out of any breach of statutory rule or with mala fide intention, such order can be interfered by the High Court or even by the Tribunal. In the present case, on the face of the impugned order of transfer passed by the first respondent District Collector, I am not able to justify the administrative reason and if there has been an administrative reason, the first respondent District Collector, Karur, could have merely said that the petitioner's transfer is required on administrative ground. But, as I mentioned above, the various references made by the first respondent clearly show that this order impugned herein, transferring the petitioner from Government Higher Secondary School, Kaniyalampatti to Panchayat Union Primary School, Vilvamarathupatti and Government Middle School, Servaikaranpatti to Panchayat Union Elementary School, K.Ayyampalayam respectively, has not been definitely passed on administrative reason, but for extraneous reasons. In view of the above said circumstances, this Court is inclined to interfere with the impugned order of transfer. Accordingly, the writ petitions are allowed setting aside the impugned order dated 16.08.2011 passed by the first respondent District Collector, Karur. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Karur District, Karur. 2.The Block Development Officer, Kadavur Panchayat Union,Karur District. 3.Mrs.Shobana, District Collector, Karur District, Karur. +2 CCs to Mr.S.Lakshmi Shankar, Advocate (SR.No.44516) Order made in W.P.(MD).Nos.9516 and 9517 of 2011 Dated:- 16.12.2011 srm NSV/22.12.11/4P/6C https://hcservices.ecourts.gov.in/hcservices/