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2012 Supreme(Mad) 1138

VINOD K.SHARMA
M. Mani – Appellant
Versus
Director Of Elementary Education, Nungambakkam – Respondent


Advocates Appeared:
For the Petitioner:J. Muthukumaran, Advocate.
For the Respondents: R1 - R. Ravichandran, Addl. Govt. Pleader.

Judgment :-

1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of Certiorari, to quash the order of transfer dated 16.09.2011 with consequential prayer for directing the respondents to allow the petitioner to continue on the post till her retirement on 31.07.2012.

2. The petitioner joined the service as Secondary Grade Teacher on 01.06.1988 and was thereafter promoted as Elementary School Headmistress on 03.06.2002, and Middle School Headmistress, Panchayat Union Middle School, Gandhipuram Panamarathupatti Panchayat Union on 01.06.2010.

3. The petitioner, while serving at Middle School Headmistress, Panchayat Union Middle School, Gandhipuram Panamarathupatti Panchayat Union, has been transferred vide the impugned order.

4. The petitioner has challenged the impugned order on the ground that it is against Government policy, which stipulates that persons on the verge of retirement are not to be shifted, as also on the ground that petitioner is suffering from Chronic Asthma, therefore, it is not medically advisable to go to the new place of posting, which is a hill area. It is well settled that guidelines regarding transfer are merely instru






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