BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Date of Reserving the Order Date of Pronouncing the Order

10.11.2025 19.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

W.P.(MD) No.28662 of 2025 &

W.M.P.Nos.22249, 22250 & 23539 of 2025

R.Shanmuganathan ... Petitioner

-vs-

1.The Director,

Department of Art and Culture,

Egmore, Chennai.

2.The Joint Director,

Department, of Art and Culture,

Egmore, Chennai.

3.The Deputy Director,

Department, of Art and Culture,

Egmore, Chennai.

4.The Assistant Director,

Department, of Art and Culture,

Egmore, Chennai.

5.The Head Master,

District Government School,

Sivagangai. 6.Ayyanar, Music Teacher, District Government Music School, Thoothukudi. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus to call for the records pertaining to the impugned transfer order vide proceedings No.3455/M3/2025 issued by the first respondent dated 07.10.2025 and to quash the same as illegal and consequentially direct the 1^st to 5^th respondents to continue the petitioner to serve as Music Teacher at District Government Music School, Sivagangai.

For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.Veerakathiravan AAG Assisted by Mr.N.Satheesh Kumar AGP for R1 to R5 Mr.P.Andiraj for R6

O R D E R

This Writ Petition had been filed to quash the impugned transfer order issued by the first respondent dated 07.10.2025 as illegal and consequentially direct the 1^st to 5^th respondents to continue the petitioner to serve as Music Teacher at District Government Music School, Sivagangai.

2. Heard Mr.C.M.Arumugam, the learned counsel appearing for the petitioner, Mr.Veerakathiravan, learned Additional Advocate General assisted by Mr.N.Satheesh Kumar learned Additional Government Pleader appearing for respondents 1 to 5 and Mr.P.Andiraj, learned counsel appearing for the sixth respondent.

3. The learned counsel appearing for the petitioner would submit that the petitioner was appointed as a Music Teacher by proceedings dated 18.09.2019 by the first respondent at the District Government Music School, Sirkazhi and his services were regularised by proceedings dated 30.06.2022 and was declared to have successfully completed his probation on 03.01.2023. By proceedings dated 13.03.2025, the petitioner was transferred to District Music School, Sivagangai from Sirkazhi. After his transfer, he had also settled his family at Madurai and had been travelling from Madurai to Sivagangai daily and also taking care of his ailing father.

4. While that being so, by an order of transfer dated 07.10.2025, the petitioner had been transferred from Sivagangai to District Music School Tuticorin and had posted the sixth respondent in his place. He would submit that the entire transfer had been made at the behest of the 6^th respondent and he had been transferred out of Sivagangai within a period of three years during non-transferable period. He would further submit that the petitioner had not been relieved from service as he had availed the casual leave.

5. He would also submit that the order of transfer is in violation of the Government Order in G.O.Ms.No.10, dated 07.01.1994. Hence, he seeks indulgence of this Court to quash the order of transfer.

6. Countering his arguments, the learned Additional Advocate General would submit that a request had been made by the sixth respondent claiming that his daughter is a physically disabled person and she is undergoing physiotherapy treatment and as his wife is working at Madurai. To take care of the physically disabled daughter, he had made such a request. Considering the case of the sixth respondent, the transfer had been made accommodating him in Sivagangai, as his claim had been supported by relevant documents and in view of the exemptions granted under G.O.Ms.No.107, 03.09.2020, the order of transfer had been issued. Therefore, he would submit that there has been no malafides or arbitrariness in the order of transfer. He would further submit that even