1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Appeal(MD)No.957 of 2011 and M.P.(MD).No.1 of 2011 U.S.Gunasekaran ... Appellant/Petitioner Vs. 1.The Chief Engineer (Personal) Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), No.144, Anna salai, Chennai-2. 2.The Superintending Engineer, TANGEDCO, Thanjavur Electricity Distribution Circle, Thanjavur. 3.The Executive Engineer, TANGEDCO, Kumbakonam North, Kumbakonam, Thanjavur District. ... Respondents/Respondents Writ Appeal is filed under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 06.09.2011, made in W.P.(MD) No.10037 of 2011. Prayer in WP(MD)No.10037 of 2011 : Petition filed under Article 226 of the Constitution of India, praying for a writ of certiorari, calling for the records pertaining to the impugned transfer order in Memo No.068631/778/G27/2011-1, dated 24.08.2011, issued by the first respondent and quash the same. For Appellant : Mr.C.Dhanaseelan For Respondents : Mr.C.Selvaraj JUDGMENT (Judgment of the Court was made by K.N.BASHA, J) This writ appeal is preferred against the order of the writ Court, dated 06.09.2011, dismissing the writ petition filed by the appellant, challenging the order of transfer, dated 24.08.2011, passed by the first respondent viz., the Chief Engineer (Personal), Tamil Nadu Generation and Distribution Corporation Limited, Chennai. 2.The learned counsel appearing for the appellant would submit that the appellant is working in lower division level viz., as Account Supervisor, at Thanajvur Electricity Distribution Circle and he has been transfered to the Office of the Superintending Engineer, Perambalur Electricity Distribution Circle on administrative ground. It is contended by the learned counsel for the appellant that the appellant has found it very difficult to shift his family during the middle of the academic year, https://hcservices.ecourts.gov.in/hcservices/ 2 as the children are studying in the school at Kumbakonam. The learned counsel for the appellant would further submit that the appellant is willing to join in the transfered post, after completion of the academic year, i.e., in the first week of May, 2012 and to that effect, the appellant is also ready and willing to file an affidavit of undertaking before the transferring authority. 3.Heard Mr.C.Selvaraj, learned standing counsel for the respondents, on the submission made by the learned counsel for the appellant. It is contended by the learned standing counsel that there is no infirmity or illegality in the impugned transfer order. It is contended that the transfer is incidental to the nature of work and the appellant is liable to be transferred on administrative ground. 4.We have given our careful and anxious consideration to the rival contentions put forward by either side and perused the entire materials available on record, including the impugned order of transfer and the order passed by the writ Court. 5.At the outset, it is to be stated that the Writ Court has proceeded, on the basis of general assumptions, regarding the scope and interference in a transfer order, to the effect that the transfer order can be challenged only on the ground of mala fides or without jurisdiction. As far as the case on hand is concerned, it is needless to state that the appellant is seeking postponement of transfer only till the completion of academic year, as his children are studying at Thanajvur. The fact remains that the appellant is working in lower division level viz., as Account Supervisor at Thanajvur Electricity Distribution Circle. 6.At this juncture, it is also relevant to refer to the Hon'ble Apex Court decision in Director of School Education, Madras and others Vs. O.Karuppa Thevan and another, reported in 1994 Supp (2) Supreme Court Cases 666, wherein the Hon'ble Apex Court has held as hereunder: "However, the learned counsel for the respondent contended that in view of the fact that respondent's children are studying in school, the transfer should not have been effected during mid-academic term. Although there is no such rule, we are of the view that in effecting transfer, the fact that the children of an employee are studying should be given due weight, if the exigencies of the service are not urgent. The learned counsel appearing for the appellant was unable to point out that there was such urgency in the present case that the employee could not have been accommodated till the end of the current academic year. We, therefore, while setting aside the impugned order of the Tribunal, direct that the appellant should not effect the transfer till the end of the current academic year." 7.The view taken by the Hon'ble Apex Court in the decision cited supra is squarely applicable to the facts of this case, as in this case also the appellant seeks postponement of transfer till the completion of the academic year. We are able to see that there is justification in making prayer by the appellant. Accordingly, we are constrained to set aside the order passed by the Writ Court, dated 06.09.2011, made in W.P. (MD).No.10037 of 2011. Consequently, the respondents herein are directed to keep the transfer order of the appellant, dated 24.08.2011, passed by https://hcservices.ecourts.gov.in/hcservices/ 3 the first respondent viz., the Chief Engineer (Personal), Tamil Nadu Generation and Distribution Corporation Ltd., Chennai, in abeyance, till 15th May, 2012. It is made clear that the appellant shall file an affidavit of undertaking to join the duty in the transfered post at the office of the Superintending Engineer, Perambalur Electricity Distribution Circle or any other place has to be directed by the authority concerned on 15.05.2012, before the first respondent herein. 8.With the above direction, the writ appeal is hereby disposed of. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar(C.S) To 1.The Chief Engineer (Personal) Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), No.144, Annasalai, Chennai-2. 2.The Superintending Engineer, TANGEDCO, Thanjavur Electricity Distribution Circle, Thanjavur. 3.The Executive Engineer, TANGEDCO, Kumbakonam North, Kumbakonam, Thanjavur District. Copy to : The Superintending Engineer, Perambalur Electricity Distribution Circle, Perambalur. +1. CC to Mr.C.Dhanaseelan, Advocate, SR.No. 44252 +1. CC to Mr.C.Selvaraj, Advocate, SR.No. 44770 gcg Judgment In W.A.(MD)No.957 of 2011 Dated:19.12.2011 TR : 23.12.2011: 3p/7c https://hcservices.ecourts.gov.in/hcservices/