Requests for transfer based solely on personal preferences should not be encouraged and cannot be directed to be considered by issuance of Mandamus under Article 226 of the Constitution of India.

JUDGMENT :

(Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to transfer the petitioner from Odaikal Village Panchayat to Radhanoor Village Panchayat, R.S.Mangalam Union, Ramanathapuram District by considering the petitioner's representation dated 19.06.2020.)

1. The prayer sought for in this writ petition is for a Writ of Mandamus, directing the respondents to transfer the petitioner from Odaikal Village Panchayat to Radhanoor Village Panchayat, R.S.Mangalam Union, Ramanathapuram District by considering the petitioner's representation dated 19.06.2020.

2. Heard Mr.K.Navaneetharaja, learned counsel appearing for the petitioner and Mr.A.Thiyagarajan, learned Government Advocate appearing for the respondents.

3. The learned counsel appearing for the petitioner would submit that, the petitioner was originally appointed at Radhanoor Village as Village Assistant as he belongs to the same village. In other words, it is his own village, where he was originally appointed and subsequently, due to some disciplinary proceedings, he has been transferred to the present Village i.e., Odaikal Village. It is to be noted that Radhanoor Village as well as Odaikal Village Panchayat are in the same block i.e., R.S.Mangalam Block in Ramanathapuram District and admittedly, the distance between these two village is only 10 kms.

4. However, it is the plea of the petitioner that the petitioner again requested for re-transfer him from the present village i.e., Odaikal Village to his own village i.e., Radhanoor Village and therefore, in this regard, he has given a representation to the respondents and therefore, the said representation has to be considered. Hence, the present Writ of Mandamus has been filed seeking a direction from this Court to consider the representation of the petitioner for re-transfer from Odaikal Village to Radhanoor Village.

5. On hearing the learned counsel appearing for the petitioner and after having perused the materials placed before this Court, I am of the considered view that this kind of mandamus cannot be issued because, the petitioner has no vested right or a statutory right or a fundamental right to seek re-transfer to his own place. No specific reason whatsoever on medical ground or otherwise has been given by the petitioner for such plea of transfer to his own place.

6. There is no practical difficulty expressed by the petitioner through his counsel that, because he is working at Odaikal village he is suffering from anything.

7. The only reason cited by the learned counsel for the petitioner is that, the community people, who are predominantly residing at Odaikal Village, are often threatening the petitioner and that is the only reason he wants transfer to his own place. However, the petitioner has not made any complaint on the alleged threat from the community people, no document to that effect is filed before this Court. In this regard, it is to be noted that, if that reason is true and is accepted, no Government servant can enter into any village in Tamil Nadu, where the other community people are predominantly residing.

8. If at all the petitioner is a Village Assistant or Secretary working in Odaikal Village Panchayat, he should work on to fulfill the need of the village people in that Village by his hard work and earn reputation and goodwill among various community people residing in that village. However, now-a-days the approach of the Government servant like the petitioner is that he should be given employment opportunity at his doorstep. If every Government servant seeks or raise such a plea that he should be given a job in the Government only at his native place, especially, at his native Village or Town or very next or near to his own residence, then the Government machinery cannot function and the administration will become standstill.

9. The officials, officers, employees (including myself) working in various departments of the Governm