High Court Judgement: BRTE ஒட்டுமொத்த மாறுதலை எதிர்த்து சங்கம் சார்பில் தாக்கல் செய்த மனு சென்னை உயர்நீதி மன்றத்தால் தள்ளுபடி செய்யப்பட்டது.

IN THE HIGH COURT OF
JUDICATURE AT MADRAS
DATED: 24.06.2014

CORAM

THE HONOURABLE
Mr.JUSTICE S.
NAGAMUTHU
W.P.No.16328 of 2014 and
M.P.Nos.1 & 2 of 2014
TAMIL NADU BLOCK
RESOURCE
TEACHERS DEVELOPMENT
ASSOCIATION REG.NO .
63/2009 REP. BY
SECRETARY
M.MARIYAPRAKASAM
HEAD OFF: 8 ARUMUGAM
LAYOUT 2ND ST. V.
MARUTHUR
VILLUPURAM. .. Petitioner
-Vs.-

1 THE PRINCIPAL
SECRETARY
TO GOVERNMENT SCHOOL
EDUCATION DEPARTMENT
TAMIL NADU FORT ST.
GEORGE CHENNAI-9.

2 THE DIRECTOR OF
SCHOOL
EDUCATION DPI CAMPUS
COLLEGE ROAD CHENNAI-
6.

3 THE DIRECTOR OF
ELEMENTARY
EDUCATION DPI CAMPUS
COLLEGE ROAD CHENNAI-
6.
.. Respondents
PRAYER: Petition filed under
Article 226 of the
Constitution of India praying
for the issuance of a Writ of
Certiorari calling for the
entire records in impugned
G.O(1D) No.137, dated
09.06.2014 passed by the
first respondent and quash
the same.
For Petitioner :
Mr.R.Prabakaran
For Respondents :
Mr.R.Rajeswaran,
Special Government Pleader
ORDER
The petitioner is an
Association known
as TAMIL NADU BLOCK
RESOURCE TEACHERS
DEVELOPMENT
ASSOCIATION . According
to the petitioner, its
members are Teachers
working in various schools
in the State of Tamil Nadu
under the Director of School
Education. By conducting a
counseling, 4587 Teachers
have been transferred from
their original place of
working to various places at
their option. Challenging the
same, the petitioner/
Association is before this
Court with this writ petition.

2.This writ petition has
come up today for
admission.
Mr.R.Rajeswaran, learned
Special Government Pleader
takes notice for the
respondents.

3.I have heard the learned
counsel for the petitioner
and the learned Special
Government Pleader
appearing for the
respondents and I have also
perused the records
carefully.

4.When a specific query was
made to the learned counsel
for the petitioner as to how
the writ petition is
maintainable before this
Court at the instance of an
Association in a service
matter when none of these
4587 Teachers has come up
with any writ petition, the
learned counsel for the
petitioner submitted that
when a group of people are
affected by a single order of
the Government, it is always
open for the Association to
represent its members to
maintain a writ petition. He
would further submit that in
respect of service matter, no
Public Interest Litigation is
maintainable and therefore,
it is for the Association to
file a writ petition voicing
the cause of its members.
The learned counsel would
further submit that there is
violation of fundamental
rights since, the order of
transfer is arbitrary and un-
reasonable and therefore,
according to the learned
counsel, the writ petition is
maintainable. To
substantiate the said
contention, he would further
submit that there are certain
judgments of this Court to
that effect.
5.It is now well settled that
in a service matter, an
Association, cannot file a
writ petition, challenging the
order passed against any
individual Government
employee. Here, in this case,
based on the failure of the
Government that a Teacher
who is working in a
particular place for more
than two years is
transferred, in the larger
interest of the Institution,
4587 Teachers have been
transferred. These Teachers
participated in the transfer
counseling and without any
protest, they opted their own
choice of place for transfer
and accordingly, they have
been transferred.

6.Assuming that there was
no transparency in the
matter of transfer of the
above said 4587 Teachers
and there was arbitrariness
on the part of any authority,
it would be appropriate for
those Teachers to file writ
petition. When no Teacher
feels aggrieved, it is really
surprising that the
Association has come up
with this writ petition, that
too when there is no protest
at the time of transfer
counseling.

7.Going by the settled law,
more particularly, in respect
of transfer matters of
Teachers, I am of the view
that the writ petition filed by
the petitioner in the capacity
of Association cannot be
maintainable. In the result,
the writ petition fails and
accordingly, the same is
dismissed. No costs.
Consequently, connected
miscellaneous petitions are
closed.

24.06.2014
jbm
Index : Yes/No
Internet:Yes/No
Note:- Issue copy on
30.06.2014.
To

1 THE PRINCIPAL
SECRETARY
TO GOVERNMENT SCHOOL
EDUCATION DEPARTMENT
TAMIL NADU FORT ST.
GEORGE CHENNAI-9.

2 THE DIRECTOR OF
SCHOOL
EDUCATION DPI CAMPUS
COLLEGE ROAD CHENNAI-
6.

3 THE DIRECTOR OF
ELEMENTARY
EDUCATION DPI CAMPUS
COLLEGE ROAD CHENNAI-
6.
S.NAGAMUTHU,J.
Jbm

W.P.No.16328 of 2014