1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 23.11.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.13317 of 2011 and M.P(MD)No.1 of 2011 S.R.Rajan ..Petitioner Vs 1. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Marathupathi Nagar, Karaikudi - 630 307, Sivagangai. 2. The Branch Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Paramakudi Branch, Paramakudi - 623 707, Ramanathapuram District. ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records of the impugned order of Transfer in Reference No.TNSTC/NiPi/P2/126, dated 07.11.2011, on the file of the first respondent, the impugned Relieving order in Reference No.PMK:S:495, dated 09.11.2011 and to quash both the impugned orders as illegal. For Petitioner : M/s.T.Lajapathi Roy For Respondents : Mr.B.Pugalenthi Special Govt.Pleader ORDER Aggrieved by the order by posting the petitioner from Paramakudi Branch to Karaikudi Branch of Tamil Nadu State Transport Corporation, has filed the present Writ Petition. 2. The learned counsel for the petitioner submits that the petitioner is holding the post of Branch Secretary of Centre of Indian Trade Union(CITU), Tamil Nadu State Transport Corporation, Paramakudi Branch. Since he involved actively in the activities of CITU, the respondent No.2 before whom the petitioner made requests in respect of other employees demand, taking the petitioner's approach in supporting the other employees as unwanted one, has passed the present impugned order. Therefore, he approached this Court for issuance of a Writ of Certiorari. 3. Adding further, it has been contended that on 06.11.2011, when the second respondent has threatened an employee of the TNSTC, Paramakudi Branch scolding him to admit his guilt of misconduct by way of promising in the name of his family, the said employee conveyed the said act of harassment to the petitioner. The petitioner being the Branch Secretary of Centre of Indian Trade Union(CITU), Tamil Nadu State Transport Corporation, Paramakudi Branch, met the second respondent and requested him not to harass the said employee. Keeping the said approach of the petitioner, with a malicious intention, passed the order of transfer. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The said submissions to interfere with the transfer order, do not appear to be acceptable to this Court for the reason that the order of transfer has been issued only in the interest of administration. Consequently, he has been transferred from Paramakudi Branch to Karaikudi Branch, which is not far away, as it is only less than 80 Kms. It is settled law that the transfer is not only condition of service but also an incident of service. No one shall claim to be posted at one single place life long. It has been well-settled by this Court as well as the Apex Court that the Courts should not interfere with the transfer orders which are passed in the interest of administration. It is useful to refer only one judgement of the Apex Court in Mrs. Shilpi Bose and others .vs. State of Bihar and others reported in AIR 1991 Supreme Court 532 and the relevant portion is extracted hereunder: "The Courts should not interfere with transfer orders which are made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of malafide. A Government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to be transferred from one place to another. Transfer orders issued by the competent authority do not violate any of his legal rights. Even if a transfer order is passed in violation of executive instructions or orders, the Courts ordinarily should not interfere with the order instead affected party should approach the higher authorities in the Department." 5. Therefore the order transferring the petitioner from Paramakudi to Karaikudi in the interest of administration cannot be interfered with by this Court. Accordingly, the Writ Petition fails and is liable to be dismissed. 6. Accordingly, the Writ Petition is dismissed. Consequently, connected Miscellaneous petition is dismissed. No costs. vsn Sd/- Assistant Registrar[T&P] /True copy/ TO Sub Assistant Registrar 1.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Marathupathi Nagar, Karaikudi - 630 307, Sivagangai. 2.The Branch Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Paramakudi Branch, Paramakudi-623 707, Ramanathapuram District. +1cc to M/s.T.Lajapathi Roy, Advocate SR.No.41189. W.P(MD)No.13317 of 2011 Dated:23.11.2011 2P/4C RPB : 07.12.2011 https://hcservices.ecourts.gov.in/hcservices/