V. Suganya v. The Personal Assistant ( Noon Meal)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.No.26389 of 2025 V.Suganya ... Petitioner Vs.

1.The Personal Assistant (Noon Meal) to the Collector, Chengalpattu District Chengalpattu-603001 2.The Block Development Officer (Block Panchayats), Achirupakkam & Kattankolathur Panchayat Union, Chengalpattu District, Pin:-603203 ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records relating to the impugned order of the first respondent in Na.Ka.No.342/2024/Sa.U.Thi 2/A2 dated 26.05.2025 and quash the same.

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For Petitioner : Mr.P.Rajendran For R1 : Mr.R.U.Dinesh Raj Kumar Additional Government Pleader For R2 : Mr.S.Yashwanth Additional Government Pleader

O R D E R

By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.

2. The instant writ petition has been filed with a prayer for issuing a Writ of Certiorari, to call for the records relating to the impugned order of the first respondent in Na.Ka.No.342/2024/Sa.U.Thi 2/A2 dated 26.05.2025 and quash the same.

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

4. The learned counsel for the petitioner would submit that the petitioner was appointed as Cook Assistant at the Noon Meal Centre, Lillies Primary School, Vandalur, Kattankolathur Panchayat Union on 08.09.2017 2/6

and subsequently, she was transferred to the Noon Meal Centre, Panchayat Primary School, Pulippakkam, Kattankolathur Panchayat Union on 31.08.2019 and on deputation, she has been posted at the Noon Meal Centre, CSI Alison Kasi Girls Higher Secondary School, Chengalpattu, Kattankolathur Panchayat Union from January, 2024. Whileso, the petitioner has been transferred to Pulippakkam to Minnal Sithamur by the 1st respondent herein, vide Impugned Order in Na.Ka.No.342/2024/Sa.U.Thi 2/A2, dated 26.05.2025.

5. It is the further submission of the petitioner that the petitioner is being a Noon Meal Cook Assistant, according to the guidelines of the Government, she has to reside within 3 kms from the Working Centre. It is the submission of the petitioner the Pulippakkam is her native and now that she has been transferred to faraway place, which situates 60 kms away from her native and that the transfer is whimsical and punitive in nature. Hence, prayed to interfere with the same.

6. At this juncture, the learned Additional Government Pleader appearing for the 1st respondent would strongly object the contention of the 3/6

petitioner and would submit that the transfer is only on administrative grounds and due to some delinquency on her part, they are contemplating action against her. In the meanwhile, only upon the administrative grounds, she has been transferred to the present place.

7. I have given my anxious consideration to the submissions made on either side.

8. It is well settled principle of law that the transfer is incidence of service and the employee cannot choose any place for their postings. The interference of transfer by exercising judicial review should be on the limited ground of mala fide or punitive in nature.

9. In the case in hand, it is the submission of the petitioner that there is a mala fide on the part of the respondent. However, there is no allegation against the individual officer and the allegation is only a general one. Therefore, this Court finds it difficult to interfere with the impugned transfer order.

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10. Accordingly, the Writ Petition is dismissed. However, the petitioner is given liberty to give representation to the respondents within a period of two weeks from the date of receipt of copy of this order. On receipt of such representation, the respondents are directed to consider the same, within a further period of six weeks in accordance with law, thereafter. No costs. Consequently, the connected writ miscellaneous petition is closed. 30.06.2025 Index : Yes/No Speaking order dm To 1.The Personal Assistant (Noon Meal) to the Collector, Chengalpattu District Chengalpattu-603001 2.The Block Development Officer (Block Panchayats), Achirupakkam & Kattankolathur Panchayat Union, Chengalpattu District, Pin:-603203 5/6

C.KUMARAPPAN, J.

dm 30.06.2025 6/6