C.Loganathan,S/O.Chengaiyan v. The Personal Assistant

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.02.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.18033 of 2018 C.Loganathan .. Petitioner ..vs..

1.The Personal Assistant (Development) to the District Collector, District Collectorate, Thriuvallur.

2.The Block Development officer (Village Panchayats), Thiruvallur Panchayat Union, Ikkadu, Thiruvallur.

3.The Inspector of Panchayats & District Collector, Thiruvallur District, Thiruvallur ..Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the Personal Assistant (Development ) to the District Collector Thiruvallur the First Respondent herein to transfer and post the petitioner as the Village Panchayat Secretary of the Varadarajapuram Village Panchayat in Poonamallee Panchayat Union or any other village Panchayat in Poonamallee Panchayat Union.

For Petitioner : Mr.Thilagaraj For Respondents : Mrs.P.Rajalakshmi Additional Government Pleader for R1 & R3 Mrs.R.Janaki Additional Government Pleader for R2

O R D E R

Transfer can never be claimed as a matter of choice, more so, a condition of service and the same cannot be claimed as a matter of right by the employees. However, an employee is at liberty to submit his representation seeking transfer on certain transfer grounds or otherwise such representations are to be considered only by the Competent Authorities. https://hcservices.ecourts.gov.in/hcservices/

2. The High Court cannot issue any direction to grant transfer or even to consider the application for issuing any transfer. An administrative transfers are to be issued only with reference to the Government Policy and only in the interest of Public Administration.

3. Post or place can never be claimed as a matter of choice by the Public Servants. However, the transfers are to be granted constitutionally and by following the procedures contemplated under law and in the interest of the Public Administration. The Authorities Competent shall not take as a personal vengeance. Transfer is an incidental to service, more so, a condition of service. The rules must be followed strictly in the interest of Public Administration.

4. This being the principles to be followed, if at all, any grievances exists to the writ petitioner, it is left open to him to approach the Competent Authorities to redress his grievances.

5. With these directions, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar Pns To 1.The Personal Assistant (Development) to the District Collector, District Collectorate, Thriuvallur.

2.The Block Development officer (Village Panchayats), Thiruvallur Panchayat Union, Ikkadu, Thiruvallur.

3.The Inspector of Panchayats & District Collector, Thiruvallur District, Thiruvallur +2ccs to Mr.J.Thilagaraj, Advocate, S.R.No.18079 +1cc to the Government Pleader, S.R.No.19388 W.P.No.18033 of 2018 SSI(CO) RRS(09/04/2019) https://hcservices.ecourts.gov.in/hcservices/