IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10-2-2010 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.No.2158 of 2010 and M.P.No.1 of 2010 K.Thulasi .. Petitioner vs The District Adi Dravidar and Tribal Welfare Officer Collectorate, Erode. .. Respondent Writ petition filed under Article 226 of the Constitution of India praying for a writ of certiorari to call for the entire records relating to the impugned order passed by the respondent in his proceedings No.Na.Ka.40943/2009 T-1, dated 27.1.2010 and quash the same in so far relates to petitioner is concerned. For Petitioner : Mr.C.Prakasam For Respondent R1 : Mrs.C.K.Vishnupriya AGP ORDER The writ petition is filed by the petitioner seeking to quash an order dated 27.1.2010, by which the petitioner was posted to some other station. 2.The petitioner is working as a Cook in Government Tribal Welfare Girls Hostel at Sathyamangalam, and she has been posted to Government Adi Dravidar Welfare Girls Hostel at Thalavadi. In her place one Janaki has been brought in by transfer. It is this order which is under challenge. 3.The petitioner contended that she belonged to last grade service in the Government service, and she has been transferred during the middle of the academic year. It is also contended that her elder son is studying +2 in Dhottampalayam, Sathyamangalam, and her daughter is studying 8th Standard in the same school, and her husband was unemployed as he was totally blind, and the present transfer from Sathyamangalam to Thalavadi which is 80 kilometers away, will work hardship. It is further stated that the petitioner has not joined in the new place and that post is vacant. Under these circumstances, the present writ petition was filed. 4.Mrs.C.K.Vishnupriya, the learned Counsel for the respondent, produces a written instruction sent by the respondent. https://hcservices.ecourts.gov.in/hcservices/ 5.Normally this Court will not interfere with an order of transfer which has been passed in accordance with the Rules and Regulations that are in force. But curiously, in the present case, it is stated that one Janaki who has been posted to the petitioner's place, was behaving in an undisciplined manner by using filthy words and was creating problem through political leaders, and she has also threatened the matron in person and also over phone, and therefore, in order to shift her from Thalavadi, the present transfer has been effected. It was stated that the behaviour of Tmt.Janaki deserves punishment and immediate suspension; but, however, due to want of female cooks, they need not want to suspend her. This was the reason given by the respondent. But, for that reason, the petitioner cannot be shifted to a far off place considering the fact that her children are studying in the same place, and her husband is totally blind, and there is no complaint against her service in the last several years. Because of the fault of another cook, the petitioner cannot be disturbed. It is not as if a Cook cannot be found out either temporarily or permanently by the respondent; on the contrary, by transferring the said Janaki from Thalavadi to Sathyamangalam, it is not as if her behaviour going to improve. If the respondent feels that the said Janaki deserves punishment and also immediate suspension for the serious misconduct committed by her, the transfer can only be an additional bonus given to her. Rather than punishing her in accordance with the rules, the respondent cannot take a crosscut by transferring her to the present place and punish the petitioner for no fault of her. 6.It is contended that the petitioner has been serving in the said post for the last 14 years. But, however, it is seen that only on 7.10.2009, she has been transferred to the present hostel, Though the earlier hostel was also in the same compound. Whatever may be the circumstances, since there is no complaint against the petitioner, considering the fact that it is a post of cook with meagre salary and also the circumstances pleaded by the petitioner, transferring the petitioner from Sathyamangalam to Thalavadi is clearly illegal and contrary to the orders of the Government. 7.In view of the above, the writ petition stands allowed. The impugned order dated 27.1.2010, stands set aside insofar as it related to the petitioner's transfer. If the department is so convinced about the misconduct of the said Janaki, they should take appropriate action in accordance with law. No costs. Consequently, connected MP stands closed. nsv Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/ To: The District Adi Dravidar and Tribal Welfare Officer Collectorate, Erode. + 1 cc to Mr. C. Prakasam, Advocate SR No.9020 + 1 cc to Government Pleader, SR No.9012 WP No.2158 of 2010 GS(CO) SR/16.2.2010 https://hcservices.ecourts.gov.in/hcservices/