R.Mohammed Aseef vs The Director

Court
Madras High Court

WP(MD) No. 15530 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30-10-2026
CORAM
THE HON'BLE MR. JUSTICE B.PUGALENDHI
WP(MD) No. 15530 of 2025
CNR:{HCMD010662282025}
and
WMP(MD) Nos.11744 & 11746 of 2025
R.Mohammed Aseef
Assistant Director of Horticulture
Natham Block
Dindigul, Dindigul District.
..Petitioner
Vs
1. The Director
Department of Horticulture and Plantation Crops,
Wallahjah Road, PWD Estate,
Chepauk, Triplicane,
Chennai - 600005.
2. The Deputy Director
Department of Horticulture and Plantation Crops
Natham Block
Dindigul, Dindigul District.
..Respondents
PRAYER: S-3. Writ Petition, filed under Article 226 of the
Constitution of India, praying this court to issue a Writ of Certiorari
calling for the records relating to the impugned transfer order issued by
the 1st Respondent vide impugned proceedings ion Se.Mu.Aanai. No.
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WP(MD) No. 15530 of 2025
PaAaPa1 / 10073/2025-11 dated 21.05.2025 quash the same and pass
such further or other orders as this Honble Court may deem fit and proper
in the circumstances of this case and thus render justice.
For Petitioner :Mr. D.Malaichamy
For Respondents :Mr.G.Mohan Kumar
Additional Government Pleader
WP(MD) No. 15531 of 2025
CNR:{HCMD010662292025}
and
WMP(MD) Nos.11750 & 11752 of 2025
Shabina N
Assistant Director of Horticulture,
Thoppampatti Block,
Dindigul, Dindigul District.
..Petitioner
Vs
1. The Director
Department of Horticulture and Plantation
Crops,
Wallahjah Road, PWD Estate,
Chepauk, Triplicane,
Chennai - 600005.
2. The Deputy Director
Department of Horticulture and Plantation
Crops,
Thoppampatti Block,
Dindigul, Dindigul District.
3. Pavithra S
Assistant Director of Horticulture,
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WP(MD) No. 15530 of 2025
Tharapuram Block,
Tiruppur District.
..Respondents
PRAYER: S-3. Writ Petition, filed under Article 226 of the
Constitution of India, praying this court to issue a Writ of Certiorari,
calling for the records relating to the impugned transfer order issued
by the 1st Respondent vide impugned proceedings ion Se.Mu.Aanai.
No. PaAaPa1 / 10073/2025-10 dated 21.05.2025 quash the same and
pass such further or other orders as this Honble Court may deem fit
and proper in the circumstances of this case and thus render justice.
For Petitioner :Mr. D.Malaichamy
For R1 & R2 :Mr.G.Mohan Kumar
Additional Government Pleader
C O M M O N O R D E R
The petitioners are husband and wife. They are working
as Assistant Directors of Horticulture at Natham Block and
Thoppampatti Block, Dindigul respectively. Challenging the transfer
orders, dated 21.05.2025, transferring them to Thiruvadanai Block,
Ramanathapuram District and Natham Block, Dindigul District
respectively, the petitioners have approached this Court.
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WP(MD) No. 15530 of 2025
2.Since the issue in these writ petitions are interlinked
and the petitioners are husband and wife, these writ petitions are
taken up together and disposed of by this common order.
3.The learned counsel for the petitioners submits that
husband has been posted at Ramanathapuram and the wife has been
posted at Natham Block, Dindigul. In fact, the husband has been
transferred from Alwarthirunagari Block, Thoothukudi to the present
place (Natham Block, Dindigul), by order, dated 03.07.2024.
However, within a year, this transfer order came to be passed.
Insofar as the wife is concerned, she has been initially posted at
Thoothukudi Block and on her request on spouse working criteria,
she has been posted at Thoppampatti Block, Dindigul. However, in
order to accommodate one S.Pavithra, the present transfer orders
have been passed. The grievance of the petitioners is that they are
having small children and it is very difficult for them to take care of
their children, if the transfer orders are implemented.
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WP(MD) No. 15530 of 2025
4. The Government has taken a policy decision that
when the husband and wife are working, on the ground of spouse
working, they can be accommodated in a same place or a nearby
place. On this ground, this Court suggested the learned Additional
Government Pleader to accommodate both the petitioners in any of
the nearby places, where there are vacancies for both of them.
5.The learned Additional Government Pleader after
verification and on written instructions submits that there are two
vacancies for the post of Assistant Director of Horticulture in
Senkottai and Kuruvikulam at Tenkasi and they can be
accommodated there.
6. Considering the submission made on behalf of the
respondents, these writ petitions are allowed with a direction to the
respondents to accommodate the petitioners at Tenkasi as suggested
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WP(MD) No. 15530 of 2025
before this Court. When these petitioners are claiming the right of
transfer based on the Government policy on spouse working criteria,
the petitioners are expected to discharge their duty diligently. In the
event of any fault/lacuna on their services, the respondent shall
reconsider the decision. No costs. Consequently, connected
Miscellaneous petitions are closed.
30-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
VRN
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WP(MD) No. 15530 of 2025
To
1. The Director,
Department of Horticulture and Plantation Crops,
Wallahjah Road, PWD Estate,
Chepauk, Triplicane,
Chennai – 600005.
2. The Deputy Director,
Department of Horticulture and Plantation Crops,
Natham Block,
Dindigul, Dindigul District.
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WP(MD) No. 15530 of 2025
B.PUGALENDHI, J.
vrn
Common Order made in
W.P(MD)Nos.15530 of 2025 & 15531 of 2025
30.10.2026
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