Back
R. MAHADEVAN, J. SATHYA NARAYANA PRASAD
Tamil Nadu Agricultural University rep. by its Registrar and Anrs – Appellant
Versus
R. Agila – Respondent
JUDGMENT :
R. MAHADEVAN, J.
The first respondent(s) herein, who are working as Assistant Professors, Associate Professors and Professors in the Tamil Nadu Agricultural University, have challenged their respective transfer orders by filing WP Nos. 10411, 10753, 10757, 14200, 8650 and 10081 of 2020, under Article 226 of the Constitution of India. The learned Judge, upon considering the common arguments made both on factual and legal aspects, has allowed the said writ petitions thereby setting aside the transfer orders as illegal and void, by a common order dated 25.03.2021. Aggrieved over the same, the appellants / Tamil Nadu Agricultural University, have preferred these appeals before this court.
2.At the first instance, it is to be pointed out that the learned Judge has allowed the writ petitions only on the basis of common legal grounds urged by the first respondent(s) and has not gone into the merits of the cases individually questioning the respective transfers. Paragraph 2 of the order impugned herein reads as follows:
Court upheld transfer of university faculty under administrative grounds, affirming limited scope for judicial review in administrative transfer matters.
Transfer of employees is an essential condition of service governed by administrative exigencies, and courts should exercise restraint in interfering with such orders unless they are proven to be ill....
The Vice-Chancellor of the university lacks the authority to transfer employees absent explicit provisions in the governing Act, rendering the transfer order invalid.
Transfer orders are a condition of service and can be modified in public interest without requiring reasons in the order.
Courts interfere with transfers only for incompetence, rule violation, or proven mala fide/arbitrariness; here quashed as punitive post-grievances, lacking exigency, hasty, discriminatory, non-reason....
Transfer orders in government service must be made in public interest and administrative exigencies, and modifications to such orders require valid justification; courts will not interfere unless the....
The court upheld the validity of transfer orders for university staff, ruling that they do not qualify as government servants and emphasizing limited judicial intervention in administrative transfers....
Ratification from the competent authority is a prerequisite for the validity of transfer orders in public service.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
