Case Note & Summary
The case involved a writ petition filed under Article 226 of the Constitution of India by the petitioner, C. Ramalakshmi, challenging the orders dated 21.08.2024 and 22.08.2024 issued by the respondents, which affected her posting. The petitioner sought to quash these orders and requested to be posted in a village office closer to her residence. The court noted that an interim stay had been granted on 09.09.2024, allowing the petitioner to remain in her current posting at Kallur. During the proceedings, both the petitioner’s counsel and the Government Advocate agreed that the petitioner should be allowed to participate in the upcoming transfer counselling for 2026, given her service duration at her current posting. The court, without addressing the merits of the case, decided to dispose of the writ petition, granting the petitioner the liberty to participate in the transfer counselling while allowing her to continue in her current position until then. The writ petition was disposed of with the aforementioned observations, and the connected miscellaneous petitions were closed without costs.
Headnote
A) Constitutional Law - Writ of Certiorarified Mandamus - Participation in Transfer Counselling - Article 226 of the Constitution of India - The court permitted the petitioner to participate in the transfer counselling for the year 2026, considering her long service in the current posting and the interim stay in place. The court did not delve into the merits of the case but allowed the petitioner to continue in her current position until the counselling (Paras 1-4).
Issue of Consideration
Whether the petitioner should be allowed to participate in the transfer counselling for the year 2026 despite challenging the impugned orders.
Final Decision
The court disposed of the writ petition, allowing the petitioner to participate in the transfer counselling for 2026 and permitting her to continue in her current posting until then.
Law Points
- Writ of Certiorarified Mandamus
- Article 226 of the Constitution of India
- interim stay
- transfer counselling
