1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY W.A.(MD).No.454 of 2011 R.George Henry : Petitioner/Appellant Vs. 1.The Secretary to Government, Education Department, Fort.St.George, Chennai. 2.The Joint Director, Director of School Education, (Personnel), Chennai 6. 3.The Chief Educational Officer, Kanyakumari District, Nagercoil. 4.The Chief Educational Officer, Tirunelveli. 5.The Headmaster, Government High School, Mela Soorankudi, Nagercoil, Kanyakumari District. 6.The Headmaster, Government Higher Secondary School (Women), Sankarankovil, Tirunelveli District. 7.Ancilda, W/o.S.Ravi, Josema Bhavan, Karungal, Kanyakumari District. : Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 09.08.2010 made in W.P.(MD).No.12251 of 2009 on the file of this Court. For Appellant : Mr.N.Sivakumar For Respondents1to6 : Mr.M.Rajarajan Government Advocate R7 : No Appearance JUDGMENT [Judgment of the Court was delivered BY K.SUGUNA, J] This Writ Appeal is filed as against the order dated 09.08.2010 passed in W.P.(MD).No.12251 of 2009. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The facts leading to this case are as follows:- (i). The appellant herein had filed W.P.(MD).No.12251 of 2009 challenging the transfer order dated 27.08.2009 and for a direction to the second respondent to permit the appellant to continue his service in the fifth respondent's school. (ii). By the said order dated 27.08.2009, the appellant herein and the contesting respondent were transferred on the ground of mutual transfer. Initially, the appellant had submitted a request for mutual transfer and thereafter, the same was withdrawn on 30.06.2009. In spite of the same, the transfer order was issued. (iii). The learned Single Judge of this Court, by order dated 09.08.2010, had dismissed the said Writ Petition. The learned counsel for the appellant had also made a request before the learned Single Judge that the appellant may be permitted to join in the transferred place and based on the same, the appellant had also joined in the transferred place. 3. Now, the stand of the learned counsel for the appellant is that under Rule 62 of the Tamil Nadu Educational Inspection Code, application for transfer should be sent only through proper channel, But, in spite of the same, no such transfer application was routed through proper channel. 4. Admittedly, the said ground raised by the learned counsel for the appellant has not been raised before the learned Single Judge. For the first time, this ground is taken by the learned counsel for the appellant. Apart from this, no Miscellaneous Petition is filed raising additional grounds. Consequently, we are not able to accept the said stand of the learned counsel for the appellant. 5. Apart from the above, as per the merit also, it is not disputed by the learned counsel for the appellant that the appellant as well as the contesting respondent had submitted applications seeking mutual transfer. But, unfortunately, the learned counsel for the appellant is not in a position to say the date of the said application. Now, the stand of the learned counsel for the appellant is that the said application for mutual transfer was withdrawn, and therefore, the transfer order, which was under challenge in the said Writ Petition, has to be set aside. As far as this stand is concerned, it is not even brought to the notice of this Court what was the last date to withdraw the application seeking transfer or mutual transfer. Unless this has been brought to the notice of this Court, we cannot go into the merits of the case, since an application seeking withdrawal of mutual transfer should be submitted in time. Consequently, in the absence of relevant particulars with regard to the cut off date for withdrawal of application seeking mutual transfer, this issue cannot be decided. 6. Apart from the above, according to the learned counsel for the appellant, in the counter affidavit filed by the respondents in W.P.(MD). No.9715 of 2009, which was filed challenging the relieving order dated 23.09.2009 passed by the fifth respondent's school, there is an averment that the mutual transfer application was submitted to the Joint Director of School Education. But, according to the learned counsel for the appellant, the mutual transfer application should be submitted only to https://hcservices.ecourts.gov.in/hcservices/ 3 the Headmaster of the concerned school, consequently, it has to be held that the contesting respondent has submitted such a request directly to the Joint Director of School Education. 7. We are not able to accept the said stand of the learned counsel for the appellant, for the reason, the transfer sought is to the Higher Secondary School. As far as Higher Secondary School is concerned, the competent authority is only the Joint Director of School Education [Higher Secondary]. Besides, neither a copy of application for mutual transfer nor the application seeking withdrawal of mutual transfer submitted by the appellant is filed before this Court to strengthen the stand of the learned counsel for the appellant. Under such circumstances, we are not able to accept the said stand of the learned counsel for the appellant. 8. In view of the above, the Writ Appeal is dismissed. However, during general transfer period, the appellant is at liberty to submit application seeking transfer. No costs. Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, Education Department, Fort.St.George, Chennai. 2.The Joint Director, Director of School Education, (Personnel), Chennai 6. 3.The Chief Educational Officer, Kanyakumari District, Nagercoil. 4.The Chief Educational Officer, Tirunelveli. 5.The Headmaster, Government High School, Mela Soorankudi, Nagercoil, Kanyakumari District. 6.The Headmaster, Government Higher Secondary School (Women), Sankarankovil, Tirunelveli District. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.15283 +1CC TO MR.D.RAJAGOPAL, ADVOCATE SR.14708 NB SR : 14.06.2011 : 3p/9c JUDGMENT MADE IN W.A.(MD).No.454 of 2011 25.04.2011 https://hcservices.ecourts.gov.in/hcservices/