By consent, the main writ petition is taken up.
2. Writ petitioner P.Santha, was serving as Headmistress, Panchayat Union Middle School, Kuppankarai in Karimangalam Union. Vide transfer order dated 14.09.2016 passed by the 1st respondent, writ petitioner was transferred as Headmistress to Panchayat Union Middle School, Kothalam in Karimangalam Union. This transfer order has been called in question by the writ petitioner and the same is therefore referred to as the impugned order.
3. Vide the impugned order, one V.Ravi, serving as Headmaster of Panchayat Union Middle School, Kothalam, Karimangalam Union was transferred as Headmaster to the Panchayat Union Middle School, Kuppankarai, Karimangalam Union.
4. Therefore, it is clear that vide the impugned order, the writ petitioner P.Santha and V.Ravi have been swapped.
5. A perusal of the impugned order shows that the transfer has been effected on the sole ground that there has been some incompatibility between the writ petitioner P.Santha and one M.Amudha, who was working as Graduate Teacher (English) in Panchayat Union Middle School, Kuppankarai, Karimangalam Union.
6. It is further seen from the impugned order that the said Mrs.M.Amudha has been transferred to Panchyat Union Middle School, Kannampatti in Karimangalam Union.
7. It is not in dispute that the said Mrs.M.Amudha is now not serving in Panchayat Union Middle School, Kuppankarai and that she is serving elsewhere.
8. Therefore, the only ground on which the transfer has been effected qua the writ petitioner, does not exist now.
9. Under the stated circumstances, it is brought to the notice of the Court that the above said V.Ravi, vide letter dated 19.10.2016, has requested for re-transfer to his original position in Kothalam Panchayat Union Middle School.
10. As the only ground on which the impugned order has been passed qua the writ petitioner does not exist now (as Mrs.M.Amudha is not serving in the same school), the request of V.Ravi to go back to Kothalam and the challenge to the transfer order made by the writ petitioner, can be treated as a request for mutual transfer, as the writ petitioner has restricted her prayer.
11. Learned counsel for the writ petitioner states that he now restricts his prayer to a mere request for mutual transfer with above said V.Ravi on the above lines and waives his challenge to the impugned order.
12. Therefore, the main writ petition itself is disposed of with the following directions:
(a) the request of V.Ravi and the writ petitioner P.Santha (limited prayer now ) shall be treated as request for mutual transfer.
(b) treating the above as mutual transfer, an order shall be issued by the 1st respondent re-transferring P.Santha as Headmistress of Panchayat Union Middle School, Kuppankarai and V.Ravi shall be re-transferred as Headmaster of Panchayat Union Middle School, Kothalam, Karimangalam Union.
(c) Orders on the above lines shall be issued within three weeks from the date of receipt of a copy of this order.
No costs. Connected miscellaneous petition is closed.
03.02.2017 1/2 rg Note: Registry is directed to issue order copy by 08.02.2017 To 1 The District Elementary Educational Officer, Dharmapuri District, Dharmapuri.