1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14808 of 2011 S.Jeyasam Rajan ... Petitioner Vs. 1. State Express Transport Corporation Tamil Nadu Limited, rep. by its General Manager (Operation) Pallavan Salai, Chennai-2. 2. The Branch Manager, State Express Transport Corporation Tamil Nadu Limited, Tirunelveli District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records of the impugned order of the first respondent in order No.059692/HR4/SETC TN/2011/2460 dated 25.11.2011 and quash the same. For Petitioner : Mr.H.Arumugam For Respondents : Mr.B.Pugalendhi Spl. Govt. Pleader O R D E R The present writ petition is directed against the impugned order of transfer passed by the General Manager (Operation), State Express Transport Corporation, in order No.No.059692/HR4/SETC TN/2011/2460 dated 25.11.2011, to quash the same. 2. At the very outset, it is to be made clear that the present order of transfer posting the petitioner from Tirunelveli to Coimbatore, cannot be interfered with for more than two reasons. When he has been working as s Senior Grade Driver in the second respondent Transport Corporation, he being a member in Labour Progressive Front (LPF), a Trade Union of DMK, a Political party, by resigning from the said Trade Union, he joined in the Arasu Viraivu Pokkuvarathu Desiya Murpokku Tholilalar Sangam, which is a Trade Union of DMDK party. While so, on 17.08.2011, he appeared before a reporter of a private news channel, namely, Sun News, and in the said TV interview, the petitioner, even without verifying the conditions of various buses employed by the transport corporation, has given a wrong information exposing o the public that too, without any prior permission from the Competent Officers. The petitioner, who is a Driver, is not supposed to give a TV interview to speak about the working conditions of various buses and other vehicles belonging to the respondent https://hcservices.ecourts.gov.in/hcservices/ 2 Corporation. In any event, he being a driver, it is not open to him to give any wrong information about the working conditions of various buses plied by the respondent corporation. As he has wrongly exposed the working conditions of the buses, his transfer is not liable to be interfered with. 3. Secondly, it has been repeatedly held by the Apex Court as well as this Court in umpteen number of decisions that Court shall not interfere with the 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. Where competent authority issues transfer orders with a view to accommodate a public servant to avoid hardship, the same cannot and should not be interfered with by the Court merely because the transfer orders have been passed on the request of the employees concerned. Reference can be had from AIR 1991 SC 532 (Mrs.Shilpi Bose and others, vs. State of Bihar and others). 4. From the above ratio, it could be seen that the impugned order of transfer simply transferring the petitioner from one place to another place cannot be said that any of the legal right of the petitioner has been legally violated. 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 other. 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. In view of the foregoing reasons, this Court does not find any substance or merit in the impugned order passed by the first respondent and the writ petition fails and the same is, accordingly, dismissed. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1. State Express Transport Corporation Tamil Nadu Limited, rep. by its General Manager (Operation) Pallavan Salai, Chennai-2. 2. The Branch Manager, State Express Transport Corporation Tamil Nadu Limited, Tirunelveli District. W.P.(MD)No.14808 of 2011 23.11.2011 RR/SMA/09.01.2012/3C/2P https://hcservices.ecourts.gov.in/hcservices/