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Madras High CourtWP/26083/2013dismissed

Tmt.Dhanalakshmi v. The District Collector

2017-11-15Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.11.2017

CORAM

THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.26083 of 2013 and MP.Nos. 1 & 2 of 2013 Tmt.Dhanalakshmi ... Petitioner Vs 1.

The District Collector Krishnagiri District Krishnagiri.

2.

The Commissioner Block Development Office Soolagiri, Krishnagiri District.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records of the 2nd respondent order Na.Ka.No.2803/13/A6 dated 03.09.2013 and quash the same.

For Petitioner : Mr.V.Udayakumar For Respondent : Mr.M.Perumal Government Advocate for R1 Mr.G.Ilanchezhiyan for R2

O R D E R

The order of transfer dated 03.09.2013 is under challenge in this writ petition.

2. On a perusal of the order of transfer, the petitioner Smt.Dhanalakshmi was transferred from Immidynaickanpalli to Pickanapalli within the same Taluk. Challenging the order of transfer, the writ petition was filed on 11.09.2013 and is pending for the past four years.

3. The learned counsel appearing for the second respondent informed this Court that after the impugned order of transfer is passed, the petitioner was placed under suspension in proceedings dated 10.09.2013.

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4. Under these circumstances, now, after a lapse of four years from the date of filing of this writ petition, this Court is not inclined to consider the grounds raised in respect of the order of transfer. The transfer is an incidental to service, more so a condition of service. A writ against the order of transfer can be entertained only on limited grounds and exceptional circumstances. Even as per the Government guidelines, Government servants can continue in one post in the office for a period of more than three years. In view of this fact, this Court is of the view that no further adjudication is required in respect of the impugned order of transfer.

5. Accordingly, the writ petition stands dismissed. Consequently, connected miscellaneous petitions are closed. However, there shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mk To 1.

The District Collector Krishnagiri District Krishnagiri.

2.

The Commissioner Block Development Office Soolagiri, Krishnagiri District.

+1cc to Government Pleader SR.No.81701 +1cc to Mr.G.Elanchezhiyan, Advocate SR.No.81332 W.P.No.26083 of 2013 sm:30.11.2017 https://hcservices.ecourts.gov.in/hcservices/