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2019 Supreme(Mad) 796
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
D. Chandrasekaran - Petitioner
Versus
The Tamilnadu Agricultural University, Rep.by its Registrar, Coimbatore & Others - Respondent
W.P. No. 7570 of 2019 & W. M.P. Nos. 8213 & 8214 of 2019
Decided On : 09-04-2019
For the Petitioner:V. Vijay Shankar, Advocate
For the Respondents:Abdul Saleem, R. Saseetharan, Advocates
The employer has the authority to transfer employees based on administrative reasons, and Group D employees can be transferred on exceptional circumstances.
Headnote:
Transfer - Administrative Transfer of Group D Employee - Tamil Nadu Agricultural University Act, 1971 - [Tamil Nadu Agricultural University Act, 1971] - The court discussed the administrative reasons for the transfer of a Group D employee from one district to another, emphasizing the need for administrative transfers and exceptions for Group D employees. The court also highlighted the importance of maintaining adequate staff members in educational and research institutes and the authority of the employer to transfer employees based on administrative reasons.
Fact of the Case:
The writ petitioner, an Office Assistant, challenged the transfer order from Tiruvallur to Kudumiyanmalai, claiming that as a Group D employee, he was not liable to be transferred to another district. The petitioner also alleged mala fides against the 3rd respondent.
Finding of the Court:
The court found that the transfer was based on administrative reasons and the need for an experienced person at the new location. The court dismissed the petitioner's claims of mala fides and emphasized the authority of the employer to transfer employees based on administrative reasons.
Issues: Validity of transfer order for a Group D employee, allegations of mala fides against the 3rd respondent, delay in reporting to duty, and the nature of administrative decisions for transfers.
Ratio Decidendi: The court held that Group D employees can be transferred on administrative reasons and exceptional circumstances, emphasizing the need for administrative transfers and the authority of the employer to make such decisions.
Final Decision: The writ petition was dismissed, and the court allowed the petitioner to submit a representation for grievances to be considered for other available vacancies in other districts.
The order of transfer dated 05.03.2019, transferring the writ petitioner from Tiruvallur to Kudumiyanmalai is under challenge in the present writ petition.
2. The learned counsel appearing on behalf of the writ petitioner questioned the validity of the impugned order of transfer on the ground that the writ petitioner is working in the Post of Office Assistant, which is Group D Services and therefore, he is not liable to be transferred to another District.
3. This apart, the writ petitioner earlier filed the writ petition in W.P.No.3945/2007, challenging the earlier transfer order and this Court allowed the writ petition by setting aside the order of transfer issued against the writ petitioner in proceedings dated 18.12.2006.
4. Thirdly, the learned counsel for the writ petitioner states that the allegation of mala fides are raised against the 3rd respondent and the order of transfer is liable to be scrapped on the ground of mala fides also.
5. The learned counsel appearing on behalf of the respondents 1 and 2 opposed the contentions by stating that the order of transfer is neither punitive nor issued on mala fide grounds. The order of transfer is purely on administrative reasons and the administrative reasons are explained even in the impugned order itself.
6. Relying on the counter affidavit filed by the respondents, it is stated that the Tamil Nadu Agricultural University was created by the Special Act known as Tamil Nadu Agricultural University Act, 1971 enacted by the Legislature of the State of Tamil Nadu, with the objects to impart education in the field of Agriculture and allied sciences, to prosecute further research in the field of Agriculture and allied Sciences and the extension of such research findings to the farmers in co-operation with the State Government Departments. The teachers and employees of the University are governed by the provisions of the said Act and other orders issued by the Board of Management of the University from time to time under the powers vested in the said Act. The University has 13 Colleges functioning in 9 campuses, 38 Research Stations, 13 Krishi Vigyan Kendras and 5 Plant Clinic Centres, which are situated in various districts of the State of Tamil Nadu. TNAU is a Non-Profit organization and plays a vital role in the development of agriculture besides furthering the advancement of learning, prosecution and promotion of education, research and extension in agriculture and allied sciences.
7. Paragraph 5 of the counter states that Agricultural College and Research Institute(AC & RI), Kudumiyanmalai, Pudukottai District is one of the four newly sanctioned constituent colleges of Tamil Nadu Agricultural University, Coimbatore as per GO(MS) No.173 dated 20.11.2014 and started and functioning since 25.08.2014. Since there was a need of an Office Assistant at the AC & RI, Kudumiyanmalai, the Post of Office Assistant at the Rice Research Station, Ambasamudram, Tirunelveli was transferred to AC & RI, Kudumiyanmalai and the petitioner herein was transferred to the said post, as the University thought it fit to appoint an experienced person in the said post the said AC & RI, Kudumiyanmalai, required an experienced person as student activities are more prioritized in the newly established above said teaching campus.
8. Paragraph 6 of the counter affidavit states that the decision to transfer the Petitioner who is a Class IV employee was taken duly on administrative grounds and as there was a need. Hence, the contention of the Petitioner that the transfer was effected at the fag end of his employment as an vindictive measure and against the Government orders are highly tenable, without any proof and as such liable to be rejected.
9. Paragraph 7 of the counter affidavit states that from the date of appointment on compassionate grounds on 01.08.1983, the petitioner is working as Office Assistant at Rice Research Station, Tirur. The University, being the prime educational and research institute has
