Madras High Court
N.Jayaprabha … vs The Chairman on 22 February, 2022
Author: P.D. Audikesavalu
Bench: P.D. Audikesavalu
W.P. No. 3016 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 3016 of 2017
and
W.M.P. Nos. 2911 and 2912 of 2017
N.Jayaprabha … Petitioner
-vs-
1. The Chairman
Pondicherry Institute of
Post Matric Technical Education
Lawspet, Puducherry.
2. The Member Secretary
Pondicherry Institute of
Post Matric Technical Education
Lawspet, Puducherry.
3. The Commissioner for Person
with disabilities
Chief Secretariat, Union Territory of Puducherry
Puducherry.
4. The Principal
Womens Polytechnic College
Puducherry.
5. The Principal
Karaikkal Polytechnic College
Karaikkal.
6. P.Siyamala ... Respondents
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W.P. No. 3016 of 2017
Prayer:- Writ Petitions filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Certiorarified Mandamus, calling for the
records relating to the Second Respondent's order made in No.
A/6/1/PIPMATE/2016/110 dated 03.02.2017 to quash the same, in so far as the
Petitioner and the Sixth Respondent are concerned, so has to enable her to
discharge duties as Lecturer, Women Polytechnic College, Puducherry and to
consequently retain the Petitioner in the present station.
For Petitioner : Mr. L.Chandrakumar
For Respondents : Mr. T.M.Naveen (For R1, R2, R4 & R5)
Mr. T.Saikrishnan (For R6)
R3-No appearance
ORDER
Heard Mr. L.Chandrakumar, Learned Counsel for the Petitioner, Mr. T.M.Naveen, Learned Counsel for the First, Second, Fourth and Fifth Respondents and Mr. T.Saikrishnan, Learned Counsel for the Sixth Respondent and perused the materials placed on record, apart from the pleadings of the parties.
2. The Petitioner, while working as Lecturer, had been transferred from Karaikal Polytechnic College, Karaikal to Women Polytechnic College, https://www.mhc.tn.gov.in/judis 2/6 W.P. No. 3016 of 2017 Puducherry by Order No. A/6/1/1/PIPMATE/2016/A1/110 dated 03.02.2017 passed by the Second Respondent, which is challenged in this Writ Petition.
3. This Court at the time of admission on 06.02.2017 had granted an order of ad-interim stay of the operation of the impugned order.
4. It has been brought to notice that after the filing of the Writ Petition, the Sixth Respondent had been selected as Assistant Professor in Bharathidasan Government College for Women, Puducheery and she had resigned from the services of the First Respondent. Learned Counsel for the First, Second, Fourth and Fifth Respondents has also filed a memo dated 22.02.2022 to that effect, which is placed on record.
5. The legal position is well established as held by the Hon'ble Supreme Court of India in Union of India -vs- S.L.Abbas [(1993) 4 SCC 357] that an order of transfer is an incident of service and unless it is vitiated by malafides or is made in violation of any statutory provisions, the Court cannot interfere with it.
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6. Having due regard to the fact that a period of more than five years have lapsed from the time of passing of the impugned order, it is improbable that the same circumstances that then existed still continues. In that backdrop, there does not appear to be any useful purpose served by venturing into the task of testing the validity of the impugned order viz-a-viz the aforesaid legal position at this distance of time. Viewed from that perspective, it is made clear that the concerned authorities are not precluded from taking any fresh decision as the exigencies may require regarding the place of posting of the Petitioner in accordance with law and till then, the status quo as prevailing today shall be in force.
In the result, the Writ Petition is disposed with the aforesaid observations. Consequently, the connected Miscellaneous Petition is closed. No costs.
22.02.2022 Maya Index: Yes/No Note: Issue order copy by 23.05.2022. https://www.mhc.tn.gov.in/judis 4/6 W.P. No. 3016 of 2017 To
1. The Chairman Pondicherry Institute of Post Matric Technical Education Lawspet, Puducherry.
2. The Member Secretary Pondicherry Institute of Post Matric Technical Education Lawspet, Puducherry.
3. The Commissioner for Person with disabilities Chief Secretariat, Union Territory of Puducherry Puducherry.
4. The Principal Womens Polytechnic College Puducherry.
5. The Principal Karaikkal Polytechnic College Karaikkal.
https://www.mhc.tn.gov.in/judis 5/6 W.P. No. 3016 of 2017 P.D. AUDIKESAVALU, J.
Maya W.P. No. 3016 of 2017 Dated : 22.02.2022 https://www.mhc.tn.gov.in/judis 6/6