1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2011 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.7698 of 2011 and M.P.(MD)No.1 of 2011 V.Nirmala .. Petitioner Vs. 1.The Director of Elementary Educational Officer, DPI Campus, Nunganbakkam, Chennai-600 006. 2.The District Educational Officer, Trichy District. 3.The Additional Assistant Elementary Educational Officer, Thuraiyur, Trichy District. 4.T.Natarajan, working as The Additional Assistant Elementary Educational Officer, Thuraiyur, Trichy District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records relating to the order passed by the first respondent in Na.Ka.No.2540/A4/2011, dated 24.06.2011 and quash the same. For Petitioner : Mr.M.Subash Babu For Respondents 1 to 3 : Mr.S.Chandrasekar Government Advocate O R D E R The impugned order of transfer dated 24.06.2011 is assailed on the ground that it has been passed to accommodate the fourth respondent, who was working as Additional Assistant Elementary Educational Officer in Thuraiyur, Trichy District, in the post of Headmaster, Panchayat Union Middle School, Veeramachanpatti, Thuraiyur. 2. It is the contention of the petitioner that as she has been holding the post of Headmistress for the past one year and eight months, without any blemish, an opportunity ought to have been given to the petitioner before passing the impugned order and hence, there is violation of principles of natural justice, as no opportunity has been given to the petitioner before passing the impugned order. 3. Mr.M.Subash Babu, learned counsel appearing for the petitioner also submitted that after gaining promotion to the post of Additional Assistant Elementary Educational Officer, it is not open to the fourth respondent to seek for reversion. Even assuming that there is https://hcservices.ecourts.gov.in/hcservices/ 2 a relinquishment of right or privilege to the abovesaid higher post, that can be done only before joining the promotional post and not later. 4. Considering the relief sought for, Mr.S.Chandrasekar, learned Government Advocate, was put on notice and heard. 5. Pleadings and materials on record disclose that the petitioner was appointed as a Secondary Grade Teacher on 21.12.1988. After serving in various places, the petitioner was promoted as B.T. Assistant (Tamil) on 19.08.2008 and she joined in the Panchayat Union Middle School at Ammapatti, Thuraiyur and subsequently, she was promoted as Middle School Headmistress in Panchayat Union Middle School at Veeramachanpatti, Thuraiyur on 12.10.2009. While the petitioner was serving in the abovesaid place for nearly one year and eight months, considering the request of the fourth respondent, he has been transferred and appointed as Middle School Headmaster in the place, where the petitioner was working. Rule 47 of the Tamil Nadu State and Subordinate Services Rules deals with relinquishment of rights by members and it reads as follows: "47. Relinquishment of rights by members- (1) Any person may in writing, relinquish any right or privilege to which he may be entitled under these rules or the Special Rules if, in the opinion of the appointing authority, such relinquishment is not opposed to public interest; and nothing contained in these rules or the Special Rules shall be deemed to require the recognition of any right or privilege to the extent to which it has been so relinquished. (2) Relinquishment of a right or privilege for a temporary period shall be accepted if it is made for a period of not less than three years subject to the condition that after the expiry of the said period, the claim of the right or privilege relinquished will be with reference to the state of affairs that exist on the date of expiry of period of relinquishment and without restoration of original seniority. If relinquishment of right or privilege is made permanently and is accepted subsequent claim of the relinquished rights or privileges shall not be entertained." 6. Perusal of the same makes it clear that no restriction has been placed on the Government servant to relinquish his right or privilege to any post, after gaining promotion. In a given case, a person, who gains promotion, may opt for relinquishment of his right or privilege, permanently or temporarily on account of ill health, financial constraint or for such other genuine cause, which is left to the competent authority to decide and it cannot be contended that once promotion is accepted, he has no right to relinquish his right or privilege, for ever. Such an interpretation of the Rule would curtail the rights of the person and that he would be compelled to work in the promotional post, despite valid reasons. The rule contemplates relinquishment of right or privilege for a temporary period as well as on permanent basis. In the case on hand, the fourth respondent, who has been promoted to the post of Additional Assistant Elementary Educational Officer, has opted to work as Middle School Headmaster and considering the same and with reference to the position, he has been transferred and https://hcservices.ecourts.gov.in/hcservices/ 3 posted as Middle School Headmaster in Panchayat Union Middle School, Veeramachanpatti, Thuraiyur. Admittedly, the fourth respondent is senior and therefore, there is no manifest illegality in transferring and appointing him as Middle School Headmaster. 7. Though the learned counsel appearing for the petitioner submitted that there is violation of principles of natural justice, as the petitioner has not been afforded reasonable opportunity, before reverting her to the post of B.T. Assistant (Tamil), no rule or regulation or Government Order has been placed before this Court, in support of his contention to the effect that a show cause notice is required, before ordering reversion, which, admittedly, in the case on hand, is not a penalty. 8. For the reasons stated supra, this Court is of the view that there is no manifest illegality in transferring and appointing the fourth respondent as Middle School Headmaster in Panchayat Union Middle School at Veeramachanpatti, Thuraiyur. 9. An order of transfer cannot be interfered by this Court, except on three grounds, viz., (i) if it is tainted with mala fide; (ii) if it is in violation of any statutory rules; (iii) if the authority, who has passed the order of transfer, has no jurisdiction to do so. 10. The writ petitioner has not made out a case for interference on the above said grounds. Hence, I find no merit in the Writ Petition and the same stands dismissed accordingly. Consequently, the connected miscellaneous petition is also dismissed. No costs. Sd/- Assistant Registrar (A.S) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Director of Elementary Educational Officer, DPI Campus, Nunganbakkam, Chennai-600 006. 2.The District Educational Officer, Trichy District. 3.The Additional Assistant Elementary Educational Officer, Thuraiyur, Trichy District. + 1 cc to Mr.M.Subash Babu, Advocate, SR No.22519 + 1 cc to The Special Government Pleader, SR No.22620 Order made in W.P.(MD)No.7698 of 2011 Dated:- 12.07.2011 SML RJ/14.7.11 (IT) 3p/6c https://hcservices.ecourts.gov.in/hcservices/