The main legal point established in the judgment is the limitation of judicial review against administrative transfer orders and the applicability of statutory rules to Government servants.

(Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus calling for the records relating to the 2nd respondent's proceedings in Na.Ka.No.4349/A1/2010, dated 10.10.2010 and quash the same and consequently direct the respondents to permit the petitioner to continue to work as Assistant at the District Library Office, Theni, Theni District.)

1. The order of transfer dated 10.12.2010 issued by the second respondent is sought to be quashed in the present writ petition and a direction is also sought for to permit the writ petitioner to continue to work as Assistant in the District Library Office, Theni District.

2. The writ petitioner joined as Junior Assistant during the year 1998 in the District Library Office, Theni and subsequently, on 22.10.2007, he was promoted to the post of Assistant and posted in the same office at Theni. Thereafter, the writ petitioner is working in the District Library Office, Theni, for many years. The second respondent - Director of Public Library issued an order of transfer in proceedings dated 10.12.2010 transferring the writ petitioner from the District Library Office, Theni to the office of the Director of Public Libraries, Chennai, on administrative grounds. The said order of transfer is under challenge in the present writ petition and pursuant to the interim order of stay granted in the writ petition, the writ petitioner has been allowed to continue in the office of the District Library, Theni and working as such for the past more than 8 1/2 (eight and half) years. It is an unfortunate situation, where the interim order of stay was obtained by the writ petitioner and he is continuing in the same post and in the same office for more than 8 1/2 (eight and half) years, in spite of the fact that the order of transfer was issued on administrative grounds.

3. Transfer is an incidental to service moreso a condition of service. Post or place can never be claimed as a matter of choice by the employee. High Court cannot interfere with the routine administrative orders. The order of transfer can be challenged on limited grounds. Judicial review against the transfer order is undoubtedly limited. If the High Court interferes with the routine administrative transfer orders issued by the competent authorities, the same would cause prejudice to the maintenance of efficient public administration by the competent authorities. Thus, the High Court should exercise restraint from entertaining the writ petitions filed challenging the administrative orders of transfer. Writ proceedings against an order of transfer can be entertained, only if the same has been issued by an incompetent authorities or with mala fide intention or in violation of statutory rules in force. Even in case of mala fide intention, the authority against whom such an allegation is raised is to be impleaded as party respondent in the writ proceedings and in the absence of any of the above legal grounds, no writ petition can be entertained against an order of administrative transfer.

4. Administrative transfer orders can be issued on various grounds and on various circumstances in order to run the public administration effectively and efficiently. If frequent complaints are received against a public servant, the authority concerned is empowered to transfer him on administrative grounds. In some cases, it is not possible to establish the charge with proof. However, the authorities concerned are of the opinion that the further continuance of an employee would cause prejudice to the interest of the public administration, then also, administrative transfer orders can be issued. In lieu of suspension and in alternate, the administrative transfer orders can be issued. High Court must be cautious in entertaining such writ petitions. In the present case on hand, the writ petition is allowed to continue in the same place and in the same post for more than 8 1/2 (eight and half) years, b