M. Vadivel vs The Joint Director of School Education

K. Ravichandrabaabu, J.—The present Writ Petition is filed challenging the order passed by the first respondent in his proceedings, dated 4.3.2014.

Through the said impugned order, the Petitioner was transferred from Chinnatharapuram Government (Girls) Higher Secondary School to Aravakurichi Government Higher Secondary School. The said order of transfer is challenged in this Writ Petition by contending that the same was passed as a mala-fide action since the Petitioner has earlier challenged the order of suspension passed against him before this Court and the said Writ Petition in W.P. No. 2618 of 2011 was allowed by setting aside the order of suspension. The Petitioner in his affidavit filed in support of this Writ Petition has stated that the Second respondent is acting with a mala-fide intention against the Petitioner. But the fact remains that the impugned order was not passed by the second respondent and on the other hand passed by the first respondent against him. The Petitioner has not made out any allegation of mala-fide against the first respondent. Moreover, when this Court has set aside the order of suspension, the consequence of such order is only for reinstatement of petitioner into service. But that does mean that the Petitioner has to be reinstated only in the same place, if the administrative exigency required to post him in some other place as well.

In this case, it is seen that the place of transfer is hardly 10 Kms away from the previous place in which the Petitioner is working. The order of transfer was passed not only on administrative reason but also for the purpose of implementing the order passed by this Court in W.P. No. 2618 of 2014 also by taking note of the subsequent developments that took place in pursuance to the suspension order passed against the Petitioner on 6.2.2014. It is seen that on the very next day, one Sangeetha was appointed in the said vacancy caused due to the suspension of the Petitioner. The said suspension order as well as the order appointing the said Sangeetha came to be approved by the department on 13.02.2014. The Petitioner has not questioned the appointment order of the said Sangeetha or the approval granted by the department. Therefore when a teacher was already appointed in the said place and the petitioner has to be accommodated in pursuance to the order passed by this Court cancelling the order of suspension, the department thought it fit to post the Petitioner in some other place by issuing the impugned order. I find that the order impugned in this Writ Petition does not suffer from any irregularity.

It is further seen that there is rivalry between the Petitioner and second respondent which culminated into several proceedings including criminal case filed against the Petitioner which resulted in the arrest of the Petitioner. I express my deep anguish with regard to the conduct of the parties. The second respondent being the Chief Educational Officer of the department and the Petitioner being the Teacher, they have to discharge their respective public duties without resorting in foisting of case and making complaints against each other and thereby spending their valuable time into the Court proceedings. Needless to say that it would only spoil the interest of the students who are sent to the school by the parents hoping that these persons will perform their respective duties in the interest of the students community.

Considering all these facts and circumstances, I find that the present Writ Petition does not deserve any merit and accordingly the same is dismissed. Consequently, connected Miscellaneous Petitions are dismissed. No costs.