1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2011 CORAM THE HONOURABLE MR.JUSTICE K.N.BASHA and THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.A.(MD)Nos.1086 and 1087 of 2011 A.Panner .. Appellant in W.A.No.1086/2011/Respondent P.Dhanapal .. Appellant in W.A.No.1087/2011/Respondent Vs 1.The Secretary to Government, Backward, Most Backward and Minority Welfare Department, Fort.St.George, Chennai-600 009. 2.The Director of Social Welfare and De notified Community, Chepauk, Chennai-5. .. Respondents in both the W.As./Respondents W.A.(MD)No.1086 of 2011 filed under Clause 15 of Letters Patent against the order passed by this Court in M.P.(MD)No.3 of 2011 in W.P.(MD)No.6647 of 2011 dated 29.09.2011. Prayer in MP(MD)No.3/2011 in WP(MD)No.6647/2011: To vacate the stay granted in MP.(MD)No.2/2011 in WP.No.(MD) No.6647 of 2011 dated 23.06.2011 pending disposal of the W.P. Prayer in WP(MD)no.6647/2011: To issue a WRIT OF CERTIORARI, calling for the records pertaining to the impugned order of the 1st Respondent passed in G.O.Ms.No.20, Backward, Most Backward and Minority Welfare (B.W.3) Department, dated 14-06-2011 in so far as Rule 8 in Clause (a) and (e) fixing the rule of maximum service of 3 years as Warden in the hostels run by the 1st Respondent Department alone and quash the same. W.A.(MD)No.1087 of 2011 filed under Clause 15 of Letters Patent against the order passed by this Court in M.P.(MD)No.3 of 2011 in W.P.(MD)No.6645 of 2011 dated 29.09.2011. Prayer in MP(MD)No.3/2011 in WP(MD)No.6645/2011: To vacate the stay granted in MP.(MD)No.2/2011 in WP.No.(MD) No.6645 of 2011 dated 23.06.2011 pending disposal of the W.P. https://hcservices.ecourts.gov.in/hcservices/ 2 Prayer in WP(MD)No.6645/2011: To issue WRIT OF CERTIORARI calling for the records pertaining to the impugned order of the 1st Respondent passed in G.O.Ms.No.20, Backward, Most Backward and Minority Welfare (B.W.3) Department, dated 14.6.2011 in so far as rule 8(a) and (e) fixing the rule of maximum service of 3 years as Warden in the hostels run by the 1st Respondent department alone is concerned and quash the same. For Appellants : Mr.Veera Kathiravan For Respondents : Mr.S.Chandrasekaran, Government Advocate JUDGMENT (Judgment of the Court was delivered by K.N.BASHA, J.) The appellants in both these writ appeals have come forward with these appeals, challenging the orders of vacating the interim stay granted by this Court. 2.Mr.Veerakathiravan, learned counsel for the appellants, would submit that the appellants filed writ petitions challenging the Government Order stipulating a condition in respect of teachers and wardens of the schools, that they are not entitled to seek transfer before the completion of three years service in a particular station, and the writ court initially granted interim stay, but the same was vacated subsequently, and against the said orders, the writ appeals are filed. It is contended that the appellants are ready for final hearing of the writ petitions itself. But, however, if no order of status quo is issued, the writ petitions would become infructuous. 3.We have heard the learned Government Advocate on the submissions made by the learned counsel for the appellants. 4.It is contended that the counselling regarding transfer has not been convened due to election process and the same would be convened in the near future and as such, the writ petitions may be posted for final hearing. 5.We have carefully considered the rival submissions made on both the sides, including the orders passed by the writ court. 6.The fact remains that the appellants, who are petitioners in both the writ petitions have challenged the Government Order stipulating a condition in respect of teachers and wardens of schools that they should not seek transfer before the completion of three years service in a particular station. As a matter of fact, the writ Court initially granted interim stay, but the same was vacated subsequently. It is pertinent to note that only two teachers, viz. the appellants herein have challenged the said G.O. and as such, no prejudice would be caused to the respondents if an order of status quo is granted insofar as the appellants / petitioners in the writ petitions, are concerned. Accordingly, we are constrained to grant an order of status quo in respect of the impugned Government Order in the writ petitions. We make it clear that the respondents are entitled to proceed with the counselling in respect of transfers. Registry is directed to post the writ petitions for final hearing on 14.11.2011. https://hcservices.ecourts.gov.in/hcservices/ 3 7.With the above direction, the writ appeals are disposed of. Consequently, M.P.(MD)Nos.1 and 1 of 2011 in W.A.(MD)Nos.1086 and 1087 of 2011 are closed. No costs. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, Backward, Most Backward and Minority Welfare Department, Fort.St.George, Chennai-600 009. 2.The Director of Social Welfare and De notified Community, Chepauk, Chennai-5. +1cc to Mr.Veera Kathiravan, Advocate, Sr.No.36698 +1cc to the Special Govt.Pleader, Sr.No. 36848 Copy to the Section Officer(VR Section), Madurai Bench of Madras High Court, Madurai (for posting the writ petition on 14.11.2011) km ssk/09.11.2011 /6c -3p/- W.A.(MD)Nos.1086 and 1087 of 2011 21.10.2011 https://hcservices.ecourts.gov.in/hcservices/