Director Of School Education Madras And ... vs O. Karuppa Thevan on 31 January, 1994
6. The learned counsel appearing for the petitioner contended
relying on the decision of the Apex Court in Director of School
Education, Madras v. O.Karuppa Thevan and Another (1994 Supp
(2) SCC 666) that transfers should not be effected during the middle of
an academic year. In the said decision, the Apex Court held that
although there is no such rule, while effecting transfers, the fact that
children of the employee are studying should be given due weight if
the exigencies of the service are not urgent. Respondents 2 to 4 have
stated that Ext.P1 order of transfer transferring out two Assistant
Managers including the petitioner from the District Office of the
Matsyafed at Alappuzha was issued with a view to improve the
performance of the Alappuzha District Office. It is also stated that as
against six Assistant Managers who are required to run the District
Office, there are eight Assistant Managers, two Project
Officers/Trainees and other supporting staff, even after the transfer of
the petitioner and yet another Assistant Manager. It is also stated with
reference to facts and figures that the performance of Alappuzha
District Office has been the poorest among the 9 marine district offices
in the State of Kerala and in such circumstance in order to improve the
performance, the transfer was effected. The petitioner has not been
WPC No.29712/2011 6
able to show that the said statement made in the counter affidavit is
factually incorrect. Though the petitioner has attempted to justify the
level of performance achieved in the Alappuzha District Office, in
paragraph 9 of the reply affidavit, the petitioner has virtually conceded
the fact that the performance of Alappuzha District Office when
compared to other district offices is poor. He has also chosen to give
various reasons for the poor performance. In such circumstances as
the petitioner has virtually admitted the fact that performance of the
Matsyafed District Office at Alappuzha is poor, it cannot be said that
the exigencies of service must yield to the personal preference of the
petitioner or that the transfer should be kept in abeyance until such
time as the academic year comes to an end.