P.Latha v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2022

CORAM

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.12792 of 2022 and W.M.P.No.12250 & 12251 of 2022 1 P.Latha

...Petitioner

Vs.

1 The State of Tamil Nadu Rep. by its Principal Secretary to Government, Environment And Forest Department, Secretariat Chennai 600 009.

2 The Principal Chief Conservator of Forests, Head of Forest Force No. 1 Jeenis Road, Panagal Maligai, Saidapet, Chennai 600 015.

3 The Chief Conservator of Forests, Trichy Circle, Trichy District.

4 The District Forest Officer, Ariyalur District, Ariyalur.

...Respondents

Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, call for the entire records of the 2nd respondent in his proceedings Ref. No. W2 / 3261 / 2022 dated 20.04.2022 and the same was received by the petitioner on 28.04.2022 and to quash the same as being illegal and unsustainable in law and for a consequential direction to the respondents to allot / reinstate the petitioner as a superintendent in the same district or nearby district of Ariyalur by taking account of her health condition.

For Petitioner : Ms.G.Saranya For Respondents : Mr.T.Arun Kumar, A.G.P.

O R D E R

Challenging the impugned transfer order passed by the respondent on the ground that the petitioner was placed under suspension and subsequently, the suspension order was revoked by the respondent, however, the petitioner was transferred from Ariyalur to Head office at Chennai. Therefore, the petitioner has preferred the present writ petition before this Court to quash the impugned transfer order.

2. According to the petitioner, the petitioner made representation on 2.3.2022 to the second respondent seeking posting at Coimbatore wherein one vacancy is available for the post of Superintendent or in the alternative, she seeks posting at Ariyalur district in the present writ petition before this Court.

3. According to the Additional Government Pleader appearing for the petitioner, disciplinary proceedings initiated against the petitioner is pending and no final order has been passed. In the meantime, the petitioner's suspension order was revoked. The writ petitioner cannot claim as a matter of right to seek for particular station, especially when the departmental proceedings are pending against the petitioner.

4. Taking note of the fact that the suspension order has been revoked by the respondent and posting order has been issued to the petitioner vide proceedings No.11393/2021/E1 dated 2.2.2022 passed by the third respondent, the request of the petitioner seeking transfer either to Coimbatore or Ariyalur District cannot be considered. Therefore, there is no merit in the writ petition and the same is liable to be dismissed.

5. Accordingly, the writ petition stands dismissed. No Costs. However, this order will not stand in the way of the respondent to consider the representation made by the petitioner. Connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar vaan

To 1 The Principal Secretay to Government, State of Tamil Nadu, Environment and Forest Department, Secretariat Chennai 600 009.

2 The Principal Chief Conservator of Forests, Head of Forest Force No. 1, Jeenis Road, Panagal Maligai, Saidapet, Chennai 600 015.

3 The Chief Conservator of Forests, Trichy Circle, Trichy District.

4 The District Forest Officer, Ariyalur District, Ariyalur.

+1cc to Ms.G.Saranya, Advocate, S.R.No.34049 +1cc to the Special Government Pleader(Forest), S.R.No.34134 W.P.No.12792 of 2022 and W.M.P.No.12250 & 12251 of 2022 GPL[co] NSK/23/06/2022