1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD).No.762 of 2011 and M.P.No.1 of 2011 R.Valsalan : Appellant Vs. 1.The Chief Educational Officer, Kanyakumari District at Nagercoil, Kanyakumari District. 2.The Headmistress, Government Higher Secondary School, Munchirai, Puthukadai Post, Kanyakumari District. 3.The Headmistress, Government High School, Melpuram, Melpuram Post, Kanyakumari District. 4.Mrs.C.Jancy Premakumari, Headmistress, Government Higher Secondary School, Munchirai, Puthukadai Post, Kanyakumari District. 5.Parents Teachers Association, Government Higher Secondary School, Munchirai, Puthukadai Post, Kanyakumari District, Rep by its President. : Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 21.01.2010 made in W.P.(MD). No.6221 of 2009 on the file of this Court. WP.No.6221/09:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records of the Ist Respondent pertaining to his proceedings in Na.Ka.No.05028/A4/09, dated 9.7.2009 on his file, quash the same in so far as the Petitioner is thereby transferred to the Government High School, Melpuram. https://hcservices.ecourts.gov.in/hcservices/ 2 For Appellant : Mr.S.Xavier Rajini JUDGMENT ************* [Judgment of the Court was delivered BY P.JYOTHIMANI, J] The Writ Petition was filed by the appellant herein challenging the order of transfer. It is the case of the appellant that pending the Writ Petition, there was an order of interim stay. However, in spite of interim stay, he was not allowed to work in the same place. Ultimately, the said Writ Petition came to be dismissed by the learned Single Judge. As against the same, the present Writ Appeal is filed. 2. After the dismissal of the said Writ Petition, the matter was posted before the learned Single Judge for being mentioned on the ground that the appellant was not allowed to join in the transferred place. In fact, the appellant has not chosen to seek any relief regarding payment of salary for the period when the stay order was in existence. However, he has only requested for joining in the transferred place, which was allowed by the learned Single Judge. 3. In such view of the matter, we see no reason to interfere with the order of the learned Single Judge. Therefore, the Writ Appeal stands dismissed. However, if the appellant has got any grievance regarding regularization of service during the period when the stay order was in existence, he is at liberty to make necessary application to the authority concerned in which event, the authority concerned shall consider the same and pass appropriate orders on merits and in accordance with law as expeditiously as possible. Except making the above observation, no further order is required in the Writ Appeal. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Chief Educational Officer, Kanyakumari District at Nagercoil, Kanyakumari District 2.The Headmistress, Government Higher Secondary School, Munchirai, Puthukadai Post, Kanyakumari District. 3.The Headmistress, Government High School, Melpuram, Melpuram Post, Kanyakumari District. https://hcservices.ecourts.gov.in/hcservices/ 3 4.Mrs.C.Jancy Premakumari,Headmistress, Government Higher Secondary School, Munchirai, Puthukadai Post, Kanyakumari District. +One cc to Mr.Isaac Mohanlal, Advocate, SR.No.27688 NB rl/6c – 23.8.2011 JUDGMENT MADE IN W.A.(MD).No.762 of 2011 12.08.2011 https://hcservices.ecourts.gov.in/hcservices/