G.MALAIVELAN v. DIRECTOR GENERAL OF PRISION AND CORRECTIONAL SERVICES
WP/29857/2026 · 2026-08-13
Mummineni Sudheer Kumar
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 59317 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 59317 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP No. 29857 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR WP No. 29857 of 2026 and WMP Nos.32799, 32800 & 32801 of 2026 G.Malaivelan ..Petitioner(s) Vs
1. Director General Of Prisons and Correctional Services, No 1, Whannels Road, Egmore, Chennai 600 008
2. Inspector General of Prisons, No.1, Whannels Road, Egmore, Chennai-600 008
3. The Superintendent Central Prison, Tiruchy 620 008 ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus to call for the records for the issuance of transfer order transferring the petitioner from Karur to Trichy issued by the 1st Respondent in his proceedings No.856/EW3/2026, dated 11.03.2026 and consequential order rejecting the request of the petitioner for his retention at Sub Jail, Karur issued by 1st Respondent in his proceedings No.2130/ES3/2026, dated 02.06.2026 and quash the same and consequently direct the 1st https://www.mhc.tn.gov.in/judis
WP No. 29857 of 2026 __________ Page2 of 5 respondent to consider petitioner transfer to Kulithalai or Thuraiyur as per his original request. For Petitioner(s): M/S. R.Thomas For Respondent(s): Mr.K.Sathish Additional Government Pleader
ORDER This writ petition has been filed aggrieved by the proceedings No..856/EW3/2026 dated 11.03.2026 issued by the 1st respondent transferring the petitioner from Sub Jail, Karur to Central Prison, Trichy in the post of Chief Head Warder, on completion of three years of service at Sub Jail, Karur. It was thereafter, after issuance of the impugned proceedings, the petitioner claims to have submitted a representation dated 19.03.2026 to the 1st respondent, requesting to be retained at Sub Jail, Karur and the petitioner approached this Court by filing the writ petition in W.P.No.12731 of 2026. This Court, vide
order dated 06.04.2026, directed the 1st respondent to consider the said representation submitted by the petitioner. Having considered the said representation dated 19.03.2026, the respondent issued the proceedings dated 02.06.2026, rejecting the representation submitted by the petitioner on the ground that there is no vacancy available in the said Jail where the petitioner requested transfer. It is aggrieved by the original order of transfer dated 11.03.2026 and the proceedings dated 02.06.2026, the petitioner approached this Court by the present writ petition. https://www.mhc.tn.gov.in/judis
WP No. 29857 of 2026 __________ Page3 of 5
2. The only ground that is urged before this Court is that the wife of the petitioner is working as Secondary Grade Teacher at Narikattiyur, Thanthonti Panchayat Union which is non-transferrable post and therefore, the petitioner is claiming either for retention at Sub Jail, Karur or posting in any of the nearby Sub Jails. It is not in dispute that the Central Prison, Trichy, where the petitioner is now transferred, is only at a distance of 70 kilometres from Karur and therefore, there cannot be any impediment for the petitioner to travel between Karur and Trichy. Except claiming that the employee is entitled to continue beyond three years in case he his working in the same post without being transferred, the very same guideline also provides for different categories of the employment, that is, three years and five years. In the instant case, admittedly, the petitioner has been worked in Sub Jail, Karur, for more than 10 years and has never worked at Central Prison, Tricy, and therefore, he is now posted at Central Prison, Trichy. In the circumstances, this Court does not find any error or illegality in the impugned orders passed by the respondents. 3. Accordingly, the writ petition is dismissed. However, it is made clear that in case, if any vacancies arose in the Sub Jails in and around Karur, it is always open for the petitioner to make a fresh representation on spouse ground https://www.mhc.tn.gov.in/judis
WP No. 29857 of 2026 __________ Page4 of 5 for transfer to the said Sub Jail. No costs. Consequently, connected miscellaneous petitions shall stand closed. 13-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dpa To
1. Director General Of Prisons and Correctional Services, No 1, Whannels Road, Egmore, Chennai 600 008
2. Inspector General of Prisons, No.1, Whannels Road, Egmore, Chennai-600 008
3.
The Superintendent Central Prison, Tiruchy 620 008 https://www.mhc.tn.gov.in/judis
WP No. 29857 of 2026 __________ Page5 of 5 MUMMINENI SUDHEER KUMAR, J. dpa WP No. 29857 of 2026 13-08-2026 https://www.mhc.tn.gov.in/judis