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Madras High CourtWP(MD)/16750/2025disposed of

A.Ramya, v. The Commissioner Of Revenue Administration,

2025-06-23Honourable Mr.Justice Vivek Kumar Singh7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)No.12708 of 2025 A.Ramya ... Petitioner -vs1.The Commissioner of Revenue Administration, Revenue Administration and Disaster Management Department, Ezhilagam, Chepauk, Chennai.

2.The District Collector, Sivagangai District, Sivagangai.

3.The Tahsildar, Devakottai Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned online rejection order dated 24.03.2025 on the petitioner's application in Application ID-2023/SVG/G/0003 for mutual transfer passed by the first respondent and quash the same as illegal and consequently, to direct the respondents to accept the petitioner's transfer application on mutual consent from Sivagangai to Pudukottai, within a time stipulated by this Court.

For Petitioner : Mr.A.Ferozkhan For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

This Writ Petition has been filed seeking to quash the impugned online rejection order dated 24.03.2025, passed by the first respondent on the petitioner's application bearing Application ID-2023/SVG/G/0003 for mutual transfer and consequently, to direct the respondents to approve the petitioner's mutual transfer request from Sivagangai to Pudukottai, within a time frame to be stipulated by this Court.

2. The learned counsel for the petitioner submits that the petitioner is now working as a Village Administrative Officer (VAO) in 44-Puthoorani Village, 45Thangakudi Village and 46-Kalapamkudi Village, Devakottai Taluk, Sivagangai District. She was selected through TNPSC in the year 2016 and appointed on 20.02.2017 at Ennai Village, Ilupur Taluk, Pudukottai District. Her service record has been unblemished and her probation was declared on 19.02.2019. Subsequently, she was transferred to Kadhavampatti Village, Pudukottai District and then served in other villages under Ilupur Taluk.

3. The learned counsel for the petitioner further submits that owing to her mother's medical condition, the petitioner sought a one-way transfer to her native Madurai District in August 2022. However, instead of being transferred to Madurai, she was transferred to Devakottai Taluk, Sivagangai District and was relieved from Pudukottai District on 12.08.2022. She took charge at Devakottai on 10.02.2023. Subsequently, she and one Murgeshu, another VAO working in Pudukottai District, mutually consented to exchange their places of posting. Accordingly, both submitted online applications for mutual transfer, her application being ID 2023/SVG/G/0003 dated 09.03.2023 and Murgeshu's application being ID 2023/PDK/G/0003 dated 25.05.2023.

4. The learned counsel for the petitioner submits that consent letters were also duly submitted to the respondents. However, the petitioner's application was rejected by the first respondent vide the impugned online order dated 24.03.2025, solely on the ground that she had already availed a one-way District transfer.

5. The learned counsel submits that the earlier transfer was not to the District of her choice (Madurai) and it cannot be construed as a completed or

voluntarily availed one-way transfer, especially when she was sent to Sivagangai District. Moreover, the present application is not a unilateral request, but a mutual transfer, which is distinct in nature and governed by a separate policy framework.

6. It is further submitted that mutual transfers are a recognized mode of transfer in the interest of administrative convenience and personal circumstances, and there exists no legal bar under the relevant rules or Government guidelines prohibiting such mutual transfers, even after a one-way transfer. Therefore, the rejection of the petitioner's application on this sole technical ground is arbitrary, mechanical and violative of principles of natural justice. Accordingly, the learned counsel prays that the impugned order dated 24.03.2025 may be quashed and a consequential direction be issued to the respondents to approve the mutual transfer between the petitioner and Murgeshu, within a time frame fixed by this Court.

7. Per contra, the learned Special Government Pleader appearing for the respondents contends that after accepting the one way transfer order, the petitioner cannot seek any transfer to any another District on any another ground

and such application could not be entertained. This would affect the seniority of the employees in the Pudukottai District and therefore, such repeated request for transfer should not be entertained.

8. I have carefully considered the submissions made by the learned counsel on either side and perused the materials available on records.

9. The primary ground on which the request for mutual transfer has been rejected is that the petitioner had already availed a one-way District transfer from Pudukottai District to Sivagangai District and therefore, she would not seek any further transfer to any other District.

10. Considering the fact that some medical records have been produced touching upon the ailment of the petitioner's mother, due to extraordinary circumstances, the petitioner's request could be entertained. This Court has also taken into consideration that it is not one way transfer but mutual transfer wherein one Murgeshu from Pudukottai District has agreed to get himself transferred to Sivagangai District. In such circumstances, the administration is not likely to get affected by the mutual transfer.

11. In view of the above said facts, the order passed by the first respondent herein is set aside. The first respondent is directed to consider the request of the writ petitioner for mutual transfer and to pass orders on the request made by the petitioner, as well as one Murgeshu for mutual transfer, within a period of eight weeks from the date of receipt of a copy of this order.

12. With the above said directions, this writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes / No 23.06.2025 Index : Yes / No smn2 To:- 1.The Commissioner of Revenue Administration, Revenue Administration and Disaster Management Department, Ezhilagam, Chepauk, Chennai.

2.The District Collector, Sivagangai District, Sivagangai.

3.The Tahsildar, Devakottai Taluk, Sivagangai District.

VIVEK KUMAR SINGH , J.

smn2 23.06.2025