R. Josphine Nirmala vs Director Of Elementary Education And Ors

Pushpa Sathyanarayana, J

This Writ Appeal is filed challenging the order made in W.P(MD)No.12769 of 2010, dated 16.04.2012, refusing to issue a Writ of Mandamus forbearing the respondents from preventing the appellant/Writ Petitioner to discharge her duties as Secondary Grade Teacher in the fourth respondent-School and for consequential direction to the respondents to pay the salary to the Petitioner from February 2010 onwards and subsequently thereon.

Heard the learned counsel appearing on either side and perused the materials placed before this Court.

It has been recorded in the order passed by the learned Single Judge based on the counter affidavit that the Petitioner is a quarrel-some lady and she had been picking up unnecessary quarrels besides, un-authorisedly absenting herself from duty from the beginning of the academic year 2010-2011, which resulted in the decrease in the student strength of the fourth respondent school. When the same was reported by the fourth respondent to the third respondent, the appellant had behaved badly by ridiculing the Officers. However, to safeguard the interest of the students, the Petitioner was ordered to take up duty on deputation at Government Middle School, Karkudi. The said order when served on the Writ Appellant, was refused to be received. It is also stated that refusing to accept the order of deputation and absenting herself from duty un-authorisedly would attract the disciplinary action under the Tamil Nadu Civil Services(Discipline and Appeal) Rules.

In view of the above facts, the learned Single Judge had rightly dismissed the Writ Petition holding that the Writ Appellant is not entitled to any directions as sought for in the Writ Petition Aggrieved by the same, the above Writ Appeal is filed .

It is relevant to mention that the Writ Appellant had also challenged the said order of deputation in W.P(MD)No.10114 of 2012, This Court, while dismissing the Miscellaneous Petitions in M.P(MD)Nos. 1 to 4 of 2012 in W.P(MD)No.10114 of 2012, dated 14.12.2012, had held as follows:

''The Petitioner who was working as a Secondary Grade Teacher at Ariyanallur in Senkottai was transferred to Kargudi with a wrong description as though it was a deputation challenging the said order, the Petitioner came up with the above Writ Petition.

At that time, no interim order was granted in favour of the Petitioner, in the two Miscellaneous Petitions, that the Petitioner took out, one for interim stay of the order of deputation and the other for interim direction for disbursement of salary.

However, in M.P.No.2 of 2012, praying for an injunction restraining the respondents from withholding the salary of the Petitioner, this Court passed an interim order directing the Writ Petitioner to join duty at the transferred/deputed place.

Wrongly understanding the said interim order passed in M.P.No.3 of 2012, the Director of Elementary Education, has come up with M.P.No.4 of 2012 for vacating the interim direction. Therefore all the Miscellaneous Petitions were taken up for disposal.

I have heard Mr.K.K.Kannan, learned counsel for the Petitioner and Mr.T.A.Janarthanan, learned Additional Government Pleader for the respondents.

The impugned order is dated 09.02.2020. Even at the time when the Writ Petition was admitted, the Petitioner was directed to report for duty at the transferred place. Transfer is an incident of service. A period of nearly three years has passed now. Therefore, there is no reason as to why the impugned order should be interfered with.

As the Writ Petitioner had not joined the place where she was transferred or directed to report, as per order, dated 9.2.2010, the Miscellaneous Petitions seeking stay of the order and other reliefs, were dismissed on 14.12.2012. Admittedly, there is no appeal preferred against the same.''

In view of the above developments, the Writ Appellant is not entitled for any relief sought for in the Writ Appeal and accordingly, the Writ Appeal stands dismissed. No costs.

Consequently, connected Miscellaneous Petitions are dismissed.