Court upheld transfer order on administrative grounds, finding no evidence of malafide intent.

ORDER :

SHAMIM AHMED, J.

1. As prayed for by the learned counsel for the Petitioner, this Court directs the Petitioner to implead the Commissioner for Welfare of the Differently Abled Persons, No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai – 600 005, as the 5th Respondent in this Writ Petition.

2. This Writ Petition has been filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, challenging the impugned order passed by the first respondent through his proceeding No.Se.Mu.Aa.No.9106462/CipaNir1/2025 dated 04.06.2025 and consequently directing the first respondent to pass order to retain the petitioner in the second respondent School as Secondary Grade Teacher.

3. Mr.G.Sailendrababu, learned counsel for the Petitioner, submits that the Petitioner challenges the transfer order dated 04.06.2025, whereby she has been transferred from Government High School for the Hearing Impaired, Virudhunagar, to Government High School for the Hearing Impaired, Thanjavur, passed by the Commissioner for Welfare of the Differently Abled Persons on administrative grounds. He further submits that the transfer order was passed arbitrarily and with malafide intention, solely to accommodate the 4th Respondent in place of the Petitioner. He also submits that the Respondents failed to follow the Government Order in G.O.(1D) No.258, Department of School Education (S.E.5(1)), dated 06.07.2016. Therefore, the transfer order is flawed, and he prays this Court to quash the impugned transfer order dated 04.06.2025 and allow the Writ Petition.

4. Per contra, Mr.M.Siddharthan, learned Additional Government Pleader for official Respondents, submits that the impugned transfer order was rightly passed. He also submits that the petitioner lacks the authority to challenge the transfer order as it was issued on administrative grounds, specifically to meet the requirements of schools under the Department of Welfare of Differently Abled Persons. He further submits that the writ petition lacks averments that the transfer order was passed arbitrarily, with malafide intention, or without jurisdiction. In the absence of such averments, the transfer order cannot be questioned or interfered with by the Court under Article 226 of the Constitution of India. He further submits that transfer orders are a routine process of the Government and a matter of State policy. Mr.Siddharthan further submits that, taking into account the petitioner's 34 years of service in the same place, the transfer order dated 04.06.2025 is justified as part of routine administrative process. Thus, he contends that the petitioner has not made out a case warranting interference with the transfer order, and consequently, the writ petition deserves to be dismissed.

5. The learned counsel for the petitioner submits that the petitioner has made a representation dated 05.06.2025 to the Commissioner for Welfare of Differently Abled Persons, raising several grounds. The counsel prays that this Court may direct the Respondent authorities to consider the said representation sympathetically. A copy of the representation is annexed at Page 59 of the paper book.

6. After considering the submissions made by the learned counsel for the Petitioner and the learned Additional Government Pleader for Respondents, and after perusing the impugned transfer order dated 04.06.2025, which was passed on administrative grounds and issued to schools requiring teachers working in Government Special Schools for the Hearing Impaired functioning under the Department of Welfare of the Differently Abled, this Court finds that there is no averment made in the Writ Petition that the impugned transfer order was passed arbitrarily and with malafide intention by the 5^th respondent and is without jurisdiction and further this Court observes that the Petitioner is staying at her place of posting for the last 34 years. Considering all these aspects, this Court is not inclined to entertain the cha