Madras High CourtWP(MD)/26278/2023disposed of

Palanisamy. D v. The Secretary To Government For Commercial Taxes Department

2023-11-15Honourable Mr Justice R.Vijayakumar12 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)Nos.22617, 22618, 22622 to 22625 and 22634 to 22637 (In W.P(MD)No.26278 of 2023) D.Palanisamy ... Petitioner Vs.

1.The Secretary to Government for Commercial Taxes Department, 2.The Commissioner, Office of the Commercial Taxes Department, 3.The Joint Commissioner (Administration), Office of the Principal Secretary / Commissioner to Commercial Taxes Department, 1/12

4.The Joint Commissioner (ST), Madurai Division, CT Complex, Dr.Thangaraj Salai, Madurai-625 020.

5.The Deputy Commissioner (ST) (East) Office, CT Complex, Dr.Thangaraj Salai, Madurai-625 020.

... Respondents (In W.P(MD)No.26279 of 2023) A.Revathi ... Petitioner Vs.

4.The Joint Commissioner (ST), Madurai Division, CT Complex, Dr.Thangaraj Salai, Madurai-625 020.

5.The Deputy Commissioner (ST) (West) Office, CT Complex, Dr.Thangaraj Salai, Madurai-625 020.

... Respondents (In W.P(MD)No.26280 of 2023) S.Vanmathi ... Petitioner Vs.

1.The Principal Secretary to Commercial Taxes Department, 2.The Commissioner, Office of the Commercial Taxes Department, 3.The Joint Commissioner (Administration), Office of the Principal Secretary / Commissioner to Commercial Taxes Department, 4.The Joint Commissioner (ST), Madurai Division, CT Complex, Dr.Thangaraj Salai, Madurai-625 020.

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5.The Deputy Commissioner (ST) (West) Office, CT Complex, Dr.Thangaraj Salai, Madurai-625 020.

... Respondents (In W.P(MD)No.26281 of 2023) S.Sumathi ... Petitioner Vs.

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5.The Deputy Commissioner (ST) (Inspection) Office, CT Complex, Dr.Thangaraj Salai, Madurai-625 020.

... Respondents (In W.P(MD)No.26282 of 2023) N.Kayalvizhi ... Petitioner Vs.

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5.The Deputy Commissioner (ST) (West) Office, CT Complex, Dr.Thangaraj Salai, Madurai-625 020.

... Respondents Common Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records in relating to proceedings in Proc.No.H3/02-17/63/2023-I, dated 17.10.2023 passed by the third respondent and to set aside the same. (In All Cases) For Petitioners : Mr.R.Anandha Raj For Respondents : Mr.G.Sivaraja Government Advocate COMMON ORDER The present writ petitions have been filed by Typists, who were working in the Commercial Tax Department of Madurai and Trichy Division challenging the order of transfer, dated 17.10.2023 issued by the third respondent herein.

2. According to the learned Counsel appearing for the writ petitioner, the petitioners have been transferred in the month of October 2023, which is a nontransferrable period and the same is in violation of G.O(Ms)No.10 of the Personnel and Administrative Reforms (Per. S) Department, dated 07.01.1994. 6/12

The learned Counsel appearing for the petitioner has further contended that the seniority of the Typist is determined in their parent Division and transferring them to another Division would not only affect their seniority but also their promotion. He further pointed out that the juniors in the said Division have not been transferred and the seniors have been chosen for transferring them to a different Division.

3. The learned Government Advocate appearing for the fourth respondent has filed a counter contending that in the Madurai as well as in the Trichy Division, only the juniormost Typists have been transferred on the ground that they are in excess in the said Division. He further pointed out that the seniority would be maintained as per their parent Division and therefore, their promotional opportunities would not be affected. The said contention is reflected in paragraph Nos.4 and 5 of the counter affidavit. The learned Government Advocate appearing for the respondents had further contended that the transfer has been effected only on the ground that new Commercial Tax Districts Co-terminus with each Revenue District was announced in G.O(Ms)No.42 of the Commercial Taxes and Registration (A2) Department, dated 06.04.2023. In view of the introduction of new Commercial Tax Districts, 7/12

the petitioners herein, who are juniormost in the said Division have become surplus and due to vacancies in the other Division and have been transferred on administrative grounds.

4. I have carefully considered the submissions made on either side and perused the materials available on record.

5. As far as the grievance of the writ petitioners that their seniority and promotion would be affected if they are transferred to another Division is concerned that has been addressed in Clause 3 of the impugned order itself, wherein it is stated that their seniority would be maintained in their respective parent Division. Apart from that, in paragraph Nos.6 and 8 of the counter, it has been specifically pointed out that the seniority of the writ petitioners would be maintained in the parent Division and their promotion would not be affected.

6. The learned Government Advocate appearing for the respondents have produced the seniority list of the Typists in Madurai as well as Trichy Division to point out the writ petitioners are the juniormost persons in the said Division and therefore, the contention of the learned Counsel appearing for the writ 8/12

petitioner that juniors in the said Division have been left out is not legally sustainable.

7. Coming to the residuary argument that they have been transferred during the non-transferrable period, the learned Counsel for the petitioner had relied upon G.O(Ms)No.10, dated 07.01.1994. As per annexure - 1 (III), if the transfers are affected due to surplus man power, the same would be an exemption to the non-transferrable period. In the present case, even as per the impugned order, the petitioners', who are the juniormost Typists in their concerned Division have been transferred only on the ground that they are in excess in their respective Divisions. Therefore, the transfer of the petitioners is falling within the exemptions as per G.O(Ms)No.10, dated 07.01.1994. Since, the transfer being administrative in nature, this Court is not inclined to interfere with the order of transfer.

8. The learned Counsel appearing for the petitioner pointed out that most of the Typists are women staff and they would be put to great prejudice if they are transferred to Divisions, which are far away from their parent Division. In case, if any request is made by the concerned individuals for re-transferring 9/12

them, either to the parent Division or to any nearer Division, the same shall be considered sympathetically by the concerned authorities.

9. With the above said observation, these writ petitions stand disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.

15.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Secretary to Government for Commercial Taxes Department, 2.The Commissioner, Office of the Commercial Taxes Department, 10/12

3.The Joint Commissioner (Administration), Office of the Principal Secretary / Commissioner to Commercial Taxes Department, 4.The Joint Commissioner (ST), Madurai Division, CT Complex, Dr.Thangaraj Salai, Madurai-625 020.

5.The Deputy Commissioner (ST) (East) Office, CT Complex, Dr.Thangaraj Salai, Madurai-625 020.

6.The Deputy Commissioner (ST) (West) Office, CT Complex, Dr.Thangaraj Salai, Madurai-625 020.

7.The Principal Secretary to Commercial Taxes Department, 11/12

R.VIJAYAKUMAR, J.

BTR 15.11.2023 12/12