← Library
Madras High CourtWP/22088/2024dismissed

R.Govindarajan v. The Commissioner

2024-08-01Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.22088 of 2024 and WMP.Nos.24073 & 24074 of 2024 R.Govindarajan ... Petitioner Vs The Commissioner of Food Safety and Drug Administration, O/o. the Commissioner of Food Safety and Drug Administration, DMS Campus, Annasalai, Chennai 600 006 .....

Respondent Prayer :

Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order of transfer in R.No.3958/ 2024/S12/FSD, dated 19.07.2024 on the file of the respondent and quash the same as illegal and consequently to direct the respondent to frame the general transfer guidelines and then conduct the transfer counseling if necessary for transfers among the Food Safety Officers in Tamilnadu within the time stipulated by this Court.

For Petitioner : Mr.S.Louis For Respondent : Mrs.M.Sneha, Special Counsel for Health Department 1/6

ORDER

This writ petition is filed challenging the order of transfer dated 19.07.2024 on the file of the respondent thereby transferred the petitioner from Coimbatore District to Vellore District. 2.

The petitioner was appointed as Sanitary Inspector in the year 1993 and was posted at Coimbatore City Municipal Corporation. From 2003, he acted as Sanitary Inspector Cum Food Inspector at Coimbatore City Municipal Corporation. From the year 2011, he was shifted to the newly created department called, Tamil Nadu State Food Safety and Drug Administration Department in the cadre of Food Safety Officer and he was posted at Coimbatore City Municipal Corporation. Then on transfer in the post of Food Safety Officer, he went to Panamarathupatty Block in Salem District. On 01.07.2019, he was given transfer to Coimbatore City Municipal Corporation. From then onwards, he is serving as Food Safety Officer in Coimbatore City Municipal Corporation. Now after period of nearly five years, the petitioner has been transferred from Coimbatore District to Vellore District. 3.

The learned counsel appearing for the petitioner would 2/6

submit that without framing any Scheme or Rules, all of sudden, the petitioner has been transferred from Coimbatore District to Vellore District. The respondent failed to frame any Rules so far for the Tamilnadu Food Safety and Drug Administration Department. Without even conducting any counselling, mechanically the petitioner has been transferred to other District. He also relied upon the judgment of the Madurai Bench of this Court rendered in WP(MD).Nos.16941 to 16948 of 2024 dated 23.07.2024, in which this Court held that the Government vide GO.No.10 Personnel and Administrative Reforms (Per.S) Department dated 07.01.1997 have issued guidelines regarding transfer policy. As per the said policy, the transfer shall be made on completion of three years of service in the same station.

When such is the case, if any Officers is disturbed within the said tenure, there should be some scheme or method for making such transfers. Therefore, the learned counsel submitted that there should be some scheme or method to be adopted for effecting such transfers for rationalising the services of the officers. 4.

The learned Special Counsel for Health Department 3/6

appearing for the respondent submitted that after completion of nearly 5 years of service, the petitioner has been transferred to other district. Therefore, the guidelines issued with regards to the transfer policy in GO.No.10 Personnel and Administrative Reforms (Per.S) Department dated 07.01.1997 has been followed and accordingly, the petitioner has been transferred to other district. As such, the above judgment is not applicable to the case on hand.

5.

On perusal of records, it is found that the petitioner was appointed as Sanitary Inspector in the year 1993 and was posted at Coimbatore City Municipal Corporation. Subsequently, he was transferred to various places. From 01.07.2019, he is serving as Food Safety Officer in Coimbatore City Municipal Corporation. Now after period of nearly five years, the petitioner has been transferred from Coimbatore District to Vellore District. Therefore, the respondent strictly followed the guidelines issued as per GO.No.10 Personnel and Administrative Reforms (Per.S) Department dated 07.01.1997. Hence, the petitioner was not disturbed before three years of his tenure. 6.

In view of the above, the judgment cited by the learned 4/6

counsel for the petitioner is not helpful to the case on hand. That apart, transfer is one of the conditions of service and as such, this Court finds no infirmity or illegality in the order of transfer passed by the respondent. As such, this writ petition is devoid of merits and liable to be dismissed. 7.

Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

01.08.2024 (7/9) Index: Yes/No Speaking/Non-speaking order lok 5/6

G.K.ILANTHIRAIYAN, J.

lok To The Commissioner of Food Safety and Drug Administration, O/o. the Commissioner of Food Safety and Drug Administration, DMS Campus, Annasalai, Chennai 600 006 01.08.2024 (7/9) 6/6