1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2011 CORAM: THE HONOURABLE Mr.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE Mr.JUSTICE R.SUBBIAH W.A.(MD)No.128 of 2011 and M.P.(MD)No.1 of 2011 R.S.Mohan ...Appellant/Petitioner Vs. 1.The Additional Director of Survey and Land Records, Survey House, Chepauk, Chennai 600 005. 2.The Assistant Director of Survey and Land Records, Collectorate Complex, Sivagangai. .Respondents/Respondents Prayer: Appeal is filed under Clause 15 of Letters Patent, against the order of this Court in W.P.(MD)No.5178 of 2010 dated 30.11.2010. WP[MD]NO.5178/2010 & CONT P.[MD]NO.359 OF 2010: Prayer Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the first respondent relating to Na.Ka.Na.2-/9837/10 dated 19.03.2010 communicated on 25.03.2010 and quash the same and consequently direct the respondents to post the petitioner anywhere in Sivagangai District. For Appellant : Mr.S.Visvalingam For Respondents : Mr.R.Janakiramulu, Spl.G.P. JUDGMENT (Judgment of the Court was delivered by N.PAUL VASANTHAKUMAR,J.) This Writ Appeal is filed against the order of the learned Single Judge made in W.P.No.5178 of 2010 dated 30.11.2010 wherein the learned Single Judge upheld the order of transferring the appellant from Sivaganga to Deputy Surveyor in Nilgiri District. 2.The learned counsel for the appellant submitted that the other two surveyors, who also involved in the very same Crime No.255 of 2008, have been transferred to nearby districts and the appellant, who is aged 55 years, is now transferred to Nilgiri District, which is a hilly and cold area, where the appellant cannot acclimatise the climate. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The learned counsel for the appellant also submitted that the Government issued G.O.Ms.No.431 Personnel and Administrative Reforms (PER.M) Department dated 25.04.1981, stating that an officer below 40 years of age may be posted to various Government Departments in that district, with a view to keep full strength of the officers and to tone up the administration. Put up the suggestion made by the District Collector, Nilgiris and accepted the same as far as possible. The said G.O. reads as follows: "GOVERNMENT OF TAMIL NADU ABSTRACT Public Services – Posting of Government Officers to the Nilgiris District – Instructions – Issued. PERSONNEL AND ADMINISTRATIVE REFORMS (PER.M) DEPARTMENT Dated the 25 the April 1981 G.O.Ms.No.431 Read: From the Collector of Nilgiris Letter Rc.B1/ 9004/80, dated 14.02.1980. ORDER: The Collector of Nilgiris has stated that the Government Officers above the age group of late 40s and 50s who are transferred from plains to the hilly regions of the Nilgiris District are very reluctant to join in Government service in that District and they find it difficult to acclimatise themselves with the temperature, chillness, rains and frost and as a result, many posts in several departments in that district remain vacant for long periods of time. The Collector of Nilgiris has, therefore, suggested that only officers who are below 40 years of age may be posted to various Government Departments in that district, with a view to keep full strength of officers and to tone up the administration. 2.The Government after careful consideration accept the recommendation and direct that while considering the posting of Government officers to the Nilgiris district, all Heads of Departments should consider the posting of young officers and persons who are below 40 years of age to that District, as far as possible. /BY ORDER OF THE GOVERNOR/ V.KARTHIKEYAN CHIEF SECRETARY TO GOVERNMENT" 4.The learned counsel further submitted that in the light of the said right available to the appellant to approach the 1st respondent, the 1st respondent may be directed to consider the request to be made by the appellant seeking transfer to any other nearby neighbouring district of Sivaganga. https://hcservices.ecourts.gov.in/hcservices/ 3 5.The said submission made by the learned counsel for the appellant is recorded and the Writ Appeal is dismissed, granting liberty to the appellant to approach the first respondent by making representation for transfer and it is for the 1st respondent to consider the same in the light of the Government order issued and pass necessary orders, within a period of 6 weeks from the date of receipt of the representation of the appellant. nbj Sd/- Assistant Registrar[CO] /True copy/ Sub Assistant Registrar To 1.The Additional Director of Survey and Land Records, Survey House, Chepauk, Chennai 600 005. 2.The Assistant Director of Survey and Land Records, Collectorate Complex, Sivagangai. +1 cc to Mr.S.Visvalingam, Advocate SR.No.4934. +1 cc to Special Government Pleader, SR.No.5457. W.A.(MD)No.128 of 2011 Dated:09.02.2011 3P/5C RPB 03.03.2011 https://hcservices.ecourts.gov.in/hcservices/