Transfers are an inherent condition of service, and public servants have no vested right to insist on being posted in a particular place. Unfounded allegations and attempts to thwart transfers cannot be entertained.

JUDGMENT

(PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order of the 1st Respondent in USO.No.20819/A2/2022 No.04/A2/2023 dated 17.02.2023 and also the impugned order in No.1294/Estt./B2/MVC/2023 dated 20.02.2023 passed by the 2nd Respondent and quash the same and consequently direct the respondents to allow the petitioner to continue the work in the same place.

The Contempt Petition is filed under Section 11 of the Contempt of Courts Act to punish the Respondent for committing Contempt of the Order of this Court dated 03.03.2023made in WMP No.6689 of 2023 in W.P.No.6625 of 2023.)

Commonorder

1. The writ Petition has been filed challenging the Order of Transfer dated 17.02.2023.

2. (a) The case of the Writ Petitioner is that she was appointed as Assistant Engineer in Tamil Nadu Veterinary and Animal Sciences University (TANUVAS) on 14.06.2012. Moreover, in the years 2012-15 she was transferred to the College of Food and Dairy Technology, Koduvalli, Thiruvallur District. Thereafter, she was transferred to the Estate Office, University Campus TANUVAS, Madhavaram where she served for one year and was transferred to Madras Veterinary College, Vepery in the year 2016. Subsequently she took maternity leave for nine months in the year 2017 and she was in the Madras Veterinary College, Vepery until July 2019 and presently working as Assistant Engineer (Civil), at Madras Veterinary College Hostel, Vepery, Chennai 600007. She has completed 10 years of unblemished service as Assistant Engineer (Civil) in TANUVAS. There were totally 6 Assistant Engineers were appointed including the petitioner to various colleges of TANUVAS in the State of Tamil Nadu. However, at present only 7 Assistant Engineers and 1 Junior Engineer working in Civil in TANUVAS.

2. (b)According to her past ten years she has been transferred nine times. On 29.07.2019 she had been transferred from Chennai to Namakkal for finding some irregularities. Therefore, she filed a Writ Petition No.22696 of 2019 before this Court and the same was disposed with a liberty to make representation before the respondent and directed the respondent that if any representation is made, pass appropriate orders in accordance with law. Therefore, she joined duty at Namakkal on 09.10.2020 and made a representation in the month of December 2020 to the 1st Respondent.

2. (c) Thereafter, she has been transferred to many times and subsequently posted to College of Food and Dairy Technology, Koduvalli, Thiruvallur in March 2020. She had addressed several letters dated15.05.2020, 16.06.2020, 22.06.2020 and 02.07.2020 pointing out certain financial inrregularities, discrepancies and double entries in the accounts. Thereafter, once again she was transferred to Theni and she has also filed another Writ Petition No.26709 of 2022.

2. (d) Thereafter, she was also issued a Charge Memo and an Enquiry Officer was also appointed. On 24.08.2022 the petitioner sent a letter to the Women Commission stating that the 3rd Respondent had gone back on the statement made before the Commission and had instead proceedings had been initiated against her and punishment of Censure had also passed against the petitioner on 21.9.2022. W.P.No.26709 of 2022 was also disposed of and thereafter, she continued to work in Madras Veterinary College Hostel, Chennai. But now, once again transferred to Theni. Hence, according to her the entire transfer order is punitive nature with malafide intention. Hence, she challenged the same by way of this Writ Petition.

3. (a) Counter has been filed. According to them, from the date of appointment on 08.06.2012 she had worked in Chennai region itself for about 9 years and 11 months and 11 days. She was appointed at Hosur and