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Madras High CourtWP/18078/2026dismissed

N.Mahesh Desai v. The Principal Chief Conservator Of Forests (Head Of Forest)

2026-06-02Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA and WMP NO. 19439 OF 2026 N.Mahesh Desai S/o. Late Mr. Nanjam, 192 Jail Hill, Nilgiris District, Tamil Nadu-643 221 ..Petitioner(s) Vs

1. The Principal Chief Conservator Of Forests (Head Of Forest Force) Sate Forest Headquarters, Guindy -Velachery Main road, Guindy, Chennai-600 032

2. The District Forest Officer O/o. The District Forest Officer, Nilgiris District, Udhagamandalam, Tamil Nadu.

3. The Chief Conservator of Forests, Vellore Circle, Vellore Tamil Nadu.

..Respondent(s)

PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus calling for the records pertaining to the impugned transfer order of the 1st Respondent in Proceedings No.W1/HOTNFD -5545/2025 dated 09.01.2026 quash the same as illegal arbitrary and unconstitutional and consequently direct the Respondents to permit the petitioner to continue to serve in his post as Junior Assistant in the Office of the District Forest Officer, Nilgiris District or any other suitable post within the Nilgiris District.

For Petitioner(s):

Ms. S.Yogalakshmi For Respondent(s): Mr.V.Prasad, Government Advocate for R1 to R3

ORDER

This petition is filed for the following relief: "To issue a writ of certiorarified Mandamus calling for the records pertaining to the impugned transfer order of the 1st Respondent in Proceedings No.W1/HOTNFD -5545/2025 dated 09.01.2026 to quash the same as illegal arbitrary and unconstitutional and consequently direct the respondents to permit the petitioner to continue to serve in his post as Junior Assistant in the Office of the District Forest Officer, Nilgiris District or in any other suitable post within the Nilgiris District."

2. The petitioner is working as a Junior Assistant in the Tamil Nadu Forest Department and has been serving in the office of the District Forest Officer, Nilgiris, since 07.09.2022. While in service, the petitioner reported certain irregularities and misconduct against the 2nd respondent herein to the higher authorities. Thereafter, by proceedings dated 09.01.2025, the petitioner was transferred from Nilgiris to Vellore Circle on the ground of "administrative reasons." The petitioner contends that the transfer is arbitrary, punitive, and contrary to the Transfer Policy of the Government as enunciated in G.O.Ms.No.10, Personnel and Administrative Reforms (Per-S) Department dated 07.01.1994, as he has not completed the prescribed tenure at the present station. The transfer causes severe hardship to the petitioner and his family, particularly as his aged dependent mother resides in Nilgiris and depends on him for her care and support. Aggrieved by the impugned transfer order, the petitioner has approached this Court seeking the aforesaid relief.

3. Heard the learned counsels on both sides and perused the materials available on record.

4. The challenge to the transfer order is on the ground that the same is without any basis and punitive in nature. The contention of the petitioner is that the transfer was in contravention of the guidelines in G.O.Ms.No.10. Personnel and Administrative Reforms (Per-S) Department dated 07.01.1994. The petitioner would also submit that the transfer order is a non-speaking one.

5. The petitioner is very much aware that as per his appointment order, transfer is one of the facets of employment. The petitioner has been transferred on administrative grounds and this Court, while exercising jurisdiction under Article 226 of the Constitution of India, cannot question the same more particularly when the petitioner has not been able to establish that the same is punitive. Except for stating that the transfer is punitive no other grounds have been made out to prove the same. Therefore, I see no reason to interfere with the order passed by the 1st respondent. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 02-06-2026 Index: Yes/No Speaking/Non-speaking order SRN

To

1. The Principal Chief Conservator Of Forests (Head Of Forest Force) Sate Forest Headquarters, Guindy -Velachery Main road, Guindy, Chennai-600 032

2. The District Forest Officer O/o. The District Forest Officer, Nilgiris District, Udhagamandalam, Tamil Nadu.

3. The Chief Conservator of Forests, Vellore Circle, Vellore Tamil Nadu.

P.T.ASHA J.

SRN AND WMP NO. 19439 OF 2026 02-06-2026