P.Nagaraja Perumal v. The Principal Chief Conservator Of Forest,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2025
CORAM
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN and W.M.P.Nos.25688 & 25691 of 2025 P.Nagaraja Perumal, Forest Watcher, Uliyoor Beat, Sirumagai Range, Coimbatore District.
... Petitioner Vs.
1.
The Principle Chief Conservator of Forest, Guindy-Valachery Main Road, Guindy, Chennai -600 032.
The District Forest Officer, Coimbatore - 641 043.
The Forest Ranger, Sirumugai Range, Coimbatore District.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of certiorari, to call for the records of the second respondent herein, passed in Employment Order No. Pa2/61/2025 dated 30.05.2025, quash the same.
For Petitioner : Mr.G.Chandrasekar For Respondents : Dr.T.Seenivasan, Special Government Pleader
ORDER
The writ petition has been filed to quash the proceedings in Employment Order No. Pa2/61/2025 dated 30.05.2025. The case of the petitioner is that the petitioner was selected through Direct Recruitment as Forest Watcher and posted in Sirumugai Forest Range with effect from 30.03.2023. The petitioner is now holding the post of Uliyoor Beat and holding additional charge of Koothamandi -North, Beat in Sirumugai Range. The petitioner along with his family living in Lingapuram Forest Quarters and he also admitted his son in Panchayat Union Middle School, Lingapuram. The petitioner was promoted and posted in the present station only in the year 2023. While so, even before completion of three years tenure in the present station, the petitioner was transferred and posted to Coimbatore Patrol Wing, by order of the second respondent in Employment Order No.Pa2/61/2025 dated 30.05.2025. Hence the writ petition.
Learned Special Government on written instructions from Forest Ranger, Sirumugai Range would submit that the presence of the petitioner at the present range would not be conducive for the proper administration of the Office and only because of that reason, he has been transferred on administrative ground.
4.
Heard the learned Counsel on either side and perused the materials available on record.
5.
It is well settled principle of law that the transfer is incidence of service. While exercising the power of judicial review, unless there is malafide against the concerned Authority, the writ Court should be slow in interfering with the transfer order. Even in respect of a malafide against the Authority, such Authority by his individual capacity has to be impleaded in the writ petition.
6.
In the present case, admittedly, the reason to challenge this retransfer is on family circumstances. Such family circumstances could only be decided by the administrative Authority. Apart from that, while considering
the arguments of the respondent, since the petitioner's conduct was considered for transfer on administrative ground, as he is creating wordy quarrel with the higher Official.
In such view of the matter, this Court do not find any merits in the writ petition and stands dismissed. However, the petitioner is given liberty to give representation to the respondents after a period of six months from the date of receipt of a copy of this order. If any such representation is received by the respondents, the same shall be considered and disposed within a period of three weeks from the date of receipt of such representation. No costs. Consequently, connected miscellaneous petitions are closed. 25.06.2025 veda Index:Yes/No Speaking order To 1.
The Principle Chief Conservator of Forest, Guindy-Valachery Main Road, Guindy, Chennai -600 032.
The District Forest Officer, Coimbatore - 641 043.
C.KUMARAPPAN, J.
veda The Forest Ranger, Sirumugai Range, Coimbatore District.
25.06.2025