T.Kalaiselvi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.08.2015 Coram THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.13712 of 2015 T.Kalaiselvi .. Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Block Development Officer, Kadaladi Taluk, Ramanathapuram District.

3.The President, Kannirajapuram Village Panchayat, Kadalaki Taluk, Ramanathapuram Distrcit.

4.P.Thamayanthi .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned proceedings passed by the 1st respondent in Na.Ka.No.Vu.Ni.6/2278/2015 dated 16.07.15 transferring the petitioner from Kannirajapuram to Melasirupothu and quash the same and consequently direct the respondents to allow the petitioner to continue and discharge her duties at Kannirajapuram Panchayat as a Panchayat Secretary.

For Petitioner :

Mr.J.William Christopher For R - 1 :

Mr.S.Sadeskumar Addl.Govt.Pleader For R - 2 :

Mr.V.Pandi Govt.Advocate

ORDER

Mr.S.Sadeskumar, learned Additional Government Pleader takes notice for the first respondent and Mr.V.Pandi, learned Government Advocate takes notice for the second respondent. https://hcservices.ecourts.gov.in/hcservices/

2. By consent, the writ petition is disposed of at the stage of admission.

3. This writ petition has been filed by T.Kalaiselvi challenging the impugned transfer order transferring her from Kannirajapuram to Melasirupothu, which is having only 50 kms, on the ground that the first respondent ought not to have transferred the petitioner as a matter of punitive punishment. No doubt, a reading of the impugned order shows that the respondent has resorted to pass the transfer order for some reason and the said transfer has taken place within 50 kms. Therefore, this Court is not inclined to interfere with the impugned order as it is a well settled legal position that transfer is part of service condition of an employee.

4. Considering the fact that the petitioner has been transferred only within 50 kms from Kannirajapuram to Melasirupothu, this Court finds no justification whatsoever to interfere with the impugned transfer order and therefore, the writ petition fails.

5. This writ petition is dismissed accordingly. No costs. Connected Miscellaneous Petitions are also dismissed. Sd/- Assistant Registrar(R) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Block Development Officer, Kadaladi Taluk, Ramanathapuram District.

3.The President, Kannirajapuram Village Panchayat, Kadalaki Taluk, Ramanathapuram Distrcit.

+2 ccs to The Special Government Pleader, SR.Nos.43405 and 43994 mj RL/6 c- 13/8/2015 WP(MD)No.13712 of 2015 03.08.2015 https://hcservices.ecourts.gov.in/hcservices/