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2010 Supreme(Mad) 1863

P.JYOTHIMANI
J. Alex Dorai Vetha Sam – Appellant
Versus
The District Educational Officer (in-charge) Tirunelveli & Others – Respondent


Advocates Appeared:
For the Petitioner:G. Thamalimutharasu, Advocate.
For the Respondents: R1, V. Rajasekaran, Special Government Pleader.

Judgment :-

The writ petition is filed challenging the impugned order of transfer effected by the first respondent, dated 29.06.2009, transferring the petitioner, who is working as Record Clerk, in Kamaraj Municipal Higher Secondary School, Pettai to the Government Higher Secondary School, Veerasigamani, which is stated to be 60 kms away from the place where the petitioner is working.

2. Normally in cases of transfer on administrative grounds, the scope of interference by this Court exercising the jurisdiction under Article 226 of the Constitution of the India is very limited, since in service jurisprudence it is clear that transfer is incident of service. It is not the case of the petitioner also that he is not liable for transfer. But, on the facts and circumstances of the case, especially taking note of the contents of the counter affidavit filed by the first respondent, this Court has to take a different stand in respect of the impugned transfer effected herein.

3. The petitioner was originally working as Assistant in the Municipality and thereafter, as Office Assistant in the Tirunelveli Municipality having been appointed on sponsor by the employment exchange on 112. 1986 and






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