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2011 Supreme(Mad) 3815

HIGH COURT OF JUDICATURE AT MADRAS
T. RAJA
A. Srinivasan
Versus
The Chief Engineer (Personal), TNEB, 8th Floor, Tamil Nadu Generation & Distribution Corporation Ltd. & Others
W.P.No.8974 of 2011
Decided on : 30-08-2011

Advocates appeared:
For the Petitioner:A. Ramalingam, Advocate.
For the Respondents:B. Sekar, Advocate.

The main legal point established is that while administrative transfers are generally not to be interfered with, if a transfer prejudices the employee's seniority, it may be subject to interference by the court.

Headnote:

Transfer - Administrative Transfer - Electricity Distribution - [Tamil Nadu Electricity Board (TNEB) Act, 2003, Section 15(1)(a)] - The court discussed the provisions of the TNEB Act, 2003, particularly Section 15(1)(a), which allows for administrative transfers in the public interest. The court emphasized that while transfer orders should not be interfered with unless made in violation of statutory rules or mala fide, the transfer in this case prejudiced the petitioner's seniority, leading to interference with the order.

Fact of the Case:

The petitioner challenged a transfer order from the office of the Assistant Engineer (O&M), Poondi, Thiruvallur, to the office of the Coimbatore Electricity Distribution Circle/South, arguing that it was arbitrary and unjust.

Finding of the Court:

The court found that the transfer was based on serious allegations of misconduct and administrative reasons, but it prejudiced the petitioner's seniority. The court allowed the writ petition, setting aside the transfer order and giving liberty to the respondents to proceed against the petitioner departmentally for misconduct.

Issues: The issues involved the validity of the transfer order, the petitioner's seniority, and the allegations of misconduct against the petitioner and other employees.

Ratio Decidendi: The court held that while administrative transfers are generally not to be interfered with, the transfer in this case prejudiced the petitioner's seniority, leading to interference with the order. The court emphasized the need to maintain discipline and decorum in public service but also recognized the prejudice caused to the petitioner.

Final Decision: The writ petition was allowed, the transfer order was set aside, and the respondents were given liberty to proceed against the petitioner departmentally for misconduct.

JUDGMENT :-

1. The present writ petition is directed against the impugned order of transfer passed by the first respondent, transferring the petitioner from the office of the Assistant Engineer (O&M), Poondi, Thiruvallur, to the office of the Coimbatore Electricity Distribution Circle/South.

2. The petitioner, after joining as Assisting Helper in the office of the Assistant Engineer (O&M), Perunagar, Kancheepuram District, which is under the control of the second respondent, was promoted as Helper in the year 1995. Again, after two years, he was transferred and posted in the office of the Assistant Engineer (O&M), Rural Thiruvallur. Thereafter, in the year 2001, he was promoted as Wireman and continued to work in the same office. Whileso, by an order dated 26.02.2011, he was transferred from the office of the Assistant Engineer (O&M), Rural Thiruvallur, to the office of the Assistant Engineer (O&M), Poondi, Thiruvallur/fourth respondent herein. Therefore, in the light of the transfer order, he was relieved from service on 02.03.2011 and consequently joined the said office at Poondi. While he was working as Wireman in the office of the Assistant Engineer (O&M), Poondi, Thiruvallur District, which is under the control of the fourth respondent, once again, he was issued with transfer order, which is impugned in the present writ petition, by the first respondent, transferring and posting the petitioner to the Coimbatore Electricity Distribution Circle/South. Aggrieved by the said order, the petitioner has filed the present writ petition on the ground that the impugned transfer order dated 19.03.2011 cannot be passed within three weeks from the earlier transfer order dated 26.02.2011. However, when the petitioner, on receiving frequent orders of transfer, made a representation to the respondents through proper channel on 31.03.2011, explaining his grievances and difficulties for joining duty at the above said circle office at Coimbatore, with a request to reconsider the impugned order of transfer, the respondents, without considering the bonafide request of the petitioner, directed him to join at Coimbatore Circle by issuing relieving order dated 31.03.2011.

3. Learned counsel appearing for the petitioner submitted that the present impugned transfer order dated 19.03.2011 passed within three weeks from the previous transfer order dated 26.02.2011, is not only arbitrary and unjust, but also illegal and malafide. Further, he has contended that while passing the impugned order, the first respondent failed to note that the petitioner is working under the respondent Board as a RWE (Regular Works Establishment) employee and the seniority for the said employee will be taken into account for next promotion for the post of Line Inspector within the District Distribution Circle Level only and if the petitioner is transferred to some other District Distribution Circle, namely, the Coimbatore Circle, as directed in the impugned order, he would not only lose his seniority, but also affect his promotion by treating as junior most Wireman at Coimbatore Circle.

4. Further elaborating his argument, he pleaded that while passing the impugned order of transfer, the first respondent failed to consider that normally the transfer order will be passed only on completion of at least one year in the respective place, but, in the present case, the petitioner has not even completed one month in the office of the Assistant Engineer (O&M), Poondi, Thiruvallur District, therefore, the first respondent, with malafide intention, has passed the impugned order of transfer within three weeks from the earlier transfer order, only to accommodate the persons of their own choice in the guise of administrative reasons. With the aforesaid submissions, he prayed for allowing the present writ petition.

5. Per contra, learned counsel appearing for the respondents submitted that when the petitioner was working as Wireman in the office of the Assistant Engineer (O&M), Poondi, Th







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