The main legal point established in the judgment is that a transfer within the same management is permissible if there is no alteration in service conditions or loss of seniority and emoluments for the employee. The court also emphasized the binding nature of the appointment condition in the Form of Agreement.

It is stated that in the year 2005, the petitioner was appointed as the In-charge Headmaster of R.C. Fathima Boys High School, Bangalore Road, Krishnagiri. Now, by the impugned proceedings of the 2nd respondent in Ref. D.O.S. No. 09 of 2015, dated 29.05.2015, the petitioner has been transferred to St. Antony's Higher Secondary School, Elathagiri from the post of In-charge Headmaster to BT Asst and consequently, the 4th respondent herein viz., A. Sekar, who is the BT Asst in St. Antony's Higher Secondary School Elathagiri, has now been transferred to R.C. Fathima Boys High School in the place of the petitioner and posted as In-charge Headmaster. Challenging the said transfer order dated 29.05.2015, the petitioner has filed W.P.No.17585 of 2015. Subsequently, the 1st respondent by his proceedings in O.Mu.No.1040/Aa3/15, dated 01.09.2015 proposed to approve the transfer order dated 29.05.2015 passed by the 2nd respondent. Challenging the same, the petitioner has filed another writ petition in W.P.No.30872 of 2015 before this Court.

2. Since the issues involved in both the writ petitions are inter-related, the writ petitions are disposed of by way of this common order.

3. The brief facts of the case of the petitioner, which are necessary to decide the issues involved in these writ petitions, are as follows:-

3-1.The petitioner was initially appointed as BT Assistant (Maths) on 01.06.1991, on regular basis, in John Britoo High School, Anandam Nagar, Krishnagiri District (erstwhile Dharmapuri District). The said school was run by Roman Catholic Diocese of Salem. However, in the year 1996, Salem Diocese was bifurcated and Dharmapuri Diocese was formed with certain number of schools, wherein the above said schools were also brought under the newly formed Dharmpauri Diocese.

3-2. So far as the management of R.C. Diocese, Dharmapuri is concerned, there is no declaration as Corporate Body. Each private school run by Dharmapuri Diocese is a separate unit by itself in the absence of declaration of Corporate Status, under the provisions of the Tamil Nadu Recognized Private Schools (Regulations) Act, 1974 and the Rules made thereunder. In view of the same, there cannot be any transfer of teachers from one school to another.

3-3. When the petitioner was the senior most BT Assistant working in Dharmapuri Diocese, a vacancy to the post of Headmaster arose in R.C. Fathima Boys High School, Krishnagiri in the year 2005, due to the retirement of the Headmaster of the School viz., one Thiru. R.S. Joseph. Considering the fact that the petitioner was the senior most BT Assistant, eligible for promotion, the petitioner was appointed as In-charge Headmaster of R.C. Fathima Boys High School, by the transfer order issued by the 1st respondent dated 01.06.2005. According to the petitioner, instead of giving regular promotion, the petitioner was posted as in-charge Headmaster in the vacancy to the post of Headmaster.

3-4. It is further stated by the petitioner that in fact, the said R.C. Fathima Boys High School was originally a Middle School with sanctioned post of Middle School Headmaster. However, the said school was subsequently upgraded as High School as per the order of the concerned department by granting permission to start IX and X standard in the year 1998, on self-finance basis. Therefore, in the absence of the Headmaster Post in the Middle School, due to upgradation of school as High School, the petitioner was posted as in-charge Headmaster of the said school. The petitioner was given posting as in-charge Headmaster in R.C. Fathima Boys High School, only based on transfer order dated 01.06.2005, after obtaining letter of willingness/request from the petitioner. Since there is no declaration of Corporate Body status for Dharmapuri Diocese, there cannot be any transfer from one school to another school, without option exercised by the teacher concerned.

3-5. The petitioner has been continuously working in R.C. Fathima Boys High school from 01.06.