1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P(MD)No.11247 of 2011 and MP(MD)Nos.2 and 3 of 2011 M.Anbazhagan .. Petitioner Vs. 1.The State of Tamil Nadu rep. by its Secretary to Government, Environment and Forests Department, Secretariat, Fort St. George, Chennai – 600 009. 2.The Principal Chief Conservator of Forests, Jeenis Road, Panagal Building, Saidapet, Chennai – 600 015. 3.The District Forest Officer, Dindigul District, Dindigul. 4.T.R.Janarthanan, Assistant Conservator of Forests, now posted at Kodaikanal Division, Kodaikanal, Dindigul District. .. Respondents Prayer: 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 on the file of the first respondent in connection with the impugned order of transfer passed by him in his Proceedings in G.O(D) No.222, Environment and Forests (FR.1) Department, dated 21.09.2011 and quash the same as illegal and arbitrary in so far as the petitioner is concerned and consequently direct the first and second respondents to allow him to continue in the present place i.e., Assistant Conservator of Forests (Wattle), Kodaikanal Division, Dindigul District and pass such further or other orders. For Petitioner : Mr.R.Singaravelan for Mr.G.Thalaimutharasu For Respondents : Mr.R.Karthikeyan 1 to 3 Addl. Government Pleader For Respondent : Mrs.Sundari No.4 for Mr.M.Ravi ORDER The petitioner has come up with the above writ petition, challenging the order of transfer. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Heard Mr.R.Singaravelan, learned counsel for the petitioner, Mr.R.Karthikeyan, learned Additional Government Pleader for the respondents 1 to 3 and Mrs.Sundari, learned counsel for the fourth respondent. 3. The impugned order of transfer has been passed in respect of forty one individuals including the petitioner herein. By the said order, the petitioner has been transferred from Kodaikanal Division to Cuddalore in the existing vacancy. By the very same order, the fourth respondent herein was promoted from the post of Ranger and posted to the place of the petitioner herein. In other words, the impugned order is an order, by which a few persons were promoted and posted to different places, displacing the persons in those places, including the petitioner herein. 4. No grounds of malafide or violation of statutory rules is made out against the impugned order. Therefore, the mere violation of the guidelines issued by the Government in G.O.Ms.No.10, Personnel and Administrative Reforms (Per-S) Department, dated 07.01.1994 cannot be a ground for interfering with the order of transfer. It is also stated by the fourth respondent that he has joined duty at Kodaikanal. Therefore the impugned order cannot be interfered with. 5. However it is stated by the learned counsel for the petitioner that his daughter is studying in the Higher Secondary Course facing Public Examination in March, 2012. Therefore the learned counsel requested that the petitioner may atleast be accommodated in an existing vacancy at Dindigul. 6. Therefore, the writ petition is disposed of permitting the petitioner to make a representation within a week from the date of receipt of a copy of this order, for accommodating him in the vacancy, which allegedly exists in Dindigul. Within a week of receipt of the representation, the second respondent shall consider the same and pass appropriate orders, depending upon whether the vacancy actually exists and considering the feasibility of accommodating the petitioner. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (A.S) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Secretary, Environment and Forests Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai – 600 009. 2.The Principal Chief Conservator of Forests, Jeenis Road, Panagal Building, Saidapet, Chennai – 600 015. 3.The District Forest Officer, Dindigul District, Dindigul. + 1 cc to Mr.G.Thalaimutharasu, Advocate, SR No.37127 + 1 cc to The Special Government Pleader, SR No.37197 W.P(MD)No.11247 of 2011 and M.P(MD)Nos.2 & 3 of 2011 smn/RJ/8.11.11/(2p/5c) 29.10.2011 https://hcservices.ecourts.gov.in/hcservices/