of School Education Madras & Ors Vs. O. Karuppa Thevan  INSC 70 (31 January 1994)
P.B. Sawant, P.B. Singh N.P. (J)
1994 SCC Supl. (2) 666
Leave granted. Heard both counsel.
tribunal has erred in law in holding that the respondent employee ought to have
been heard before transfer. No law requires an employee to be heard before his
transfer when the authorities make the transfer for the exigencies of
administration. However, the learned counsel for the respondent, contended that
in view of the fact that respondent's children are studying in school, the
transfer should not have been effected during mid-academic term.
there is no such rule, we are of the view that in effecting transfer, the fact
that the children of an employee are studying should be given due weight, if
the exigencies of the service are not urgent. The learned counsel appearing for
the appellant was unable to point out that there was such urgency in the
present case that the employee could not have been accommodated till the end of
the current academic year. We, therefore, while setting aside the impugned
order of the Tribunal, direct that the appellant should not effect the transfer
till the end of the current academic year. The appeal is allowed accordingly
with no order as to costs.