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2025 Supreme(Online)(Mad) 76489

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE K.KUMARESH BABU
P.Sornagandhi – Appellant
Versus
The Joint Director of Elemen – Respondent



BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserving the Order Date of Pronouncing the Order

03.11.2025 12.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

W.P.(MD) No.27171 of 2025

and W.M.P.(MD) Nos.21106 & 21109 of 2025

P.Sornagandhi … Petitioner

-vs-

1.The Joint Director of Elementary Education,

DPI Campus,

College Road, Chennai. 2.The District Collector,

Sivagangai District,

Sivagangai.

3.The Chief Educational Officer,

Chief Educational Office,

Sivagangai District.

4.The District Elementary Educational Officer,

District Elementary Educational Office,

Sivagangai District.

5.The Block Educational Officer, Block Educational Office, Manamadurai Union, Sivagangai District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorari calling for the records relating to the impugned transfer order issued by the first respondent by his proceedings vide Na.Ka.No.759790/D2/2025 dated 08.05.2025 and consequential relieving order issued by the fifth respondent by his proceedings vide Na.Ka.No.232/A1/2025 dated 08.07.2025 and to quash the same and render justice.

For Petitioner : Mr.N.Dilip Kumar for Mr.S.Vishnuvardhan For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader

O R D E R

This Writ Petition has been filed for challenging the impugned transfer order issued by the first respondent by his proceedings vide Na.Ka.No. 759790/D2/2025 dated 08.05.2025 and consequential relieving order issued by the fifth respondent by his proceedings vide Na.Ka.No.232/A1/2025 dated

08.07.2025.

2) Heard Mr. N.Dillipkumar, learned counsel appearing for the petitioner and Mr.N.Satheeshkumar, learned Additional Government Pleader appearing on behalf of the respondents.

3) The learned counsel for the petitioner submits that the petitioner was appointed as a B.T. Assistant in the year 2008. She initially joined service on 02.01.2009 at the Middle School, Sennappankottai, Dharmapuri District, and was subsequently transferred to Yagapuram, Trichy District, on 10.08.2010. Thereafter, she was transferred to Keelpidavoor, Sivagangai District, on 26.07.2024. He submits that in the said school at Keelpidavoor, the petitioner is the sole staff member handling classes for Standards I to VIII, in addition to discharging the duties of the Headmistress. He further submits that, in view of the heavy workload, the petitioner addressed a representation to respondents 4 and 5 seeking additional staff. Based on her request, three persons were deputed, but they failed to attend to their classes properly.

4) He further submits that respondents 4 and 5 failed to take any action against the said deputed persons and, acting in collusion, failed to discharge their statutory duties under the Tamil Nadu Educational Rules. He submits that, under such circumstances, respondents 4 and 5 developed malafide intention against the petitioner and, with a preconceived notion, issued a show cause notice dated 17.02.2025. He further submits that, in the meantime, the 4th respondent passed a deputation order transferring the petitioner to Muthuvanthidal, Thirupuvanam, Sivagangai District. He states that although the show cause notice granted seven days’ time to submit her explanation, the 4th respondent proceeded to pass a suspension order on 21.02.2025. The said suspension order was challenged by the petitioner in W.P.(MD) No.6304 of 2025, in which this Hon’ble Court granted an order of stay on 10.03.2025.

5) He further submits that while the above writ petition was still pending, the first respondent issued a punitive transfer order on 08.05.2025 transferring the petitioner to M.V. Pattinam, Thiruvadanai Block, Ramanathapuram District. After a lapse of two months, the 5th respondent issued a consequential relieving order on 08.07.2025 from her present place of posting. He submits that both the transfer order and the relieving order were passed in violation of the principles of natural justice, without affording an opportunity

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