W.A.(MD)No.177 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 21.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.S. SUNDAR

and

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

W.A.(MD).No.177 of 2022

and

C.M.P(MD)No.1751 of 2022

Mr.S.Chandrakumaravel .. Appellant/Petitioner

Vs.

1.State of Tamil Nadu,

Rep by its Additional Chief Secretary to the Government,

Adi Dravidar & Tribal Welfare Department,

Fort St.George,

Chennai-9.

2.The Commissioner of Adi Dravidar Welfare,

Ezhilagam,

Chennai-5.

3.Mrs.S.Madhumathi, I.A.S.,

The Commissioner of Adi Dravidar Welfare,

Ezhilagam,

Chennai-5.

4.The District Adi Dravidar and Tribal Welfare Officer,

O/o.The District Adi Dravidar and Tribal Welfare Office,

Virudhunagar District.

..Respondents/Respondents

Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against

the order passed by this Court in W.P(MD)No.2980 of 2022 dated

15.02.2022.

Prayer in WP(MD). 2980/ 2022 :

Writ Petition is filed under Article 226 of the

Constitution of India, praying this Court for issuance of Writ of

Certiorari to call for the records pertaining to the Impugned Order

in Na.Ka.No.01/37368/2021 dated 01.02.2022 on the file of the

Respondent No.2 in so far as the petitioner is concerned and quash

the same as illegal

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W.A.(MD)No.177 of 2022

For Petitioner

: Mr.T.Lajapathi Roy

For R1,R2 and R4

: Mr.Veera kathiravan

Additional Advocate General

Assisted by Mr.S.P.Maharajan

Special Government Pleader

For R3

: No Appearance

ORDER

(Order of the Court was made by S.S.SUNDAR.J.,)

Challenging the order of the learned Single Judge dismissing

the writ petition filed by the appellant in W.P(MD).No.2980 of 2022

dated 15.02.2022, the above writ appeal is filed.

2.The appellant was appointed as B.T Warden in the year 2007

and he was transferred to Government Tribal Welfare Residential High

School, Melanai, Papanasam, Tirunelveli District. Thereafter, he was

transferred to the post of B.T Assistant Mathematics in Government

Adi Dravidar Welfare High School, Valasai, Kadayanallur Taluk,

Tenkasi District. The appellant was working in the said place from

the year 2013 onwards. While he was working as a teacher in

Government Adi Dravidar Welfare High School, Valasai, based on the

transfer policy of Government, on line counselling was arranged for

general transfers. The appellant applied and participated in the

counselling. All the teachers or wardens, who were working for more

then 3 years in the same school, are eligible to participate in the

counselling. The petitioner participated in the online counselling

on 29.12.2022, but did not choose any place. However, again the

petitioner participated in the counselling as per circular dated

21.01.2022 and opted the vacant place at Government Adi Dravidar

Wlefare Higher Secondary School, Sundarajapuram, Rajapalayam Taluk,

Virudhunagar District. Accordingly, the second respondent passed an

order of transfer by proceedings dated 22.01.2022 and the appellant

was asked to join duty in the transferred place.

3.Though it is stated by the learned Additional Advocate

General that the petitioner was not relieved from the Government Adi

Dravidar Welfare High School, Valasai, the fact that the petitioner

joined duty in the transferred school is not in issue.

4.After the appellant joined duty in the transferred place, the

second respondent issued an order dated 01.02.2022 cancelling the

earlier order of transfer dated 22.01.2022 stating that the

appellant was not eligible to participate in the counselling, as the

counselling between 19.01.2022 and 22.01.2022 is meant for transfer

of wardens as teachers and vice versa. Challenging the cancellation

of previous order of transfer, the writ petition was filed by the

appellant.

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W.A.(MD)No.177