R.Saravanan v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.08.2017 Coram The Hon'ble Mr.Justice S.M.SUBRAMANIAM Writ Petition No. 4683 of 2016 & W.P.M.P.No.4059 of 2016 R.Saravanan

...Petitioner

Vs.

1.The Collector, Villupuram, Villupuram District.

2.The Block Development Officer (Block Panchayats), Marakanam Panchayat Union, Villupuram District.

3.Tmt.P.Alamelu, Noon Meal Organiser, Govt.ADW Primary School, Kandhadu, Villupuram District.

...Respondents

Writ Petition, filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorari to call for records relating to the impugned order of the second respondent in Na.Ka.A5/2080/2014 dated 08.01.2016 and quash the same. For Petitioner : Mr.P.Rajendran For Respondent 1 : Mr.R.S.Selvam Government Advocate For Respondent 2 : Mr.A.Kumar

O R D E R

The order of an administrative transfer issued by the second respondent in proceedings 08.01.2016, is under challenge in this Writ Petition.

2.The writ petitioner is working as Noon Meal Organizer in Panchayat Union Elementary School, Thirukanoor, Marakanam Panchayat Union, Villupuram District. On a perusal of the order impugned in this Writ Petition, it is clear that the Block Development Officer issued an order of transfer transfering the https://hcservices.ecourts.gov.in/hcservices/

writ petitioner from Kanthadu to Thirukanoor, within the same Block.

3. Thus, there is no infirmity in passing the administrative transfer order and transfer being an incidental to service and a condition of services, the writ petitioner cannot challenge the same on the ground that he should be allowed to continue in the same place. Post and place can never be claimed as a matter of choice and the public servant wherever posted has to work in accordance with the Rules. Administrative transfers are issued for effective administration and by the Competent Authorities. Only in the event of the order being passed by the incompetent Authority or an mala fide grounds, the order of transfer can be challenged and not otherwise. However, no such grounds are available in this Writ Petition for consideration. The other grounds of personal grievances with regard to the administrative transfer cannot be considered by this Court, and it is for the Writ Petitioner to approach the Competent Authorities to redress his grievances.

4. Thus, no further adjudication is required to be under taken on merits in this Writ Petition. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rpa/nmm To 1.The Collector, Villupuram, Villupuram District.

2.The Block Development Officer (Block Panchayats), Marakanam Panchayat Union, Villupuram District.

+1cc to Mr.P.Rajendran, Advocate, S.R.No.60862 +1cc to the Government Pleader, S.R.No.61071 Writ Petition No. 4683 of 2016 PA(CO) GN(27/10/2017) https://hcservices.ecourts.gov.in/hcservices/