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N. SATHISH KUMAR
E. Mariappan – Appellant
Versus
Director, Tribal Welfare Department, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the 1st respondent in Na.Ka.No.Pa.Ma.No.A1/9181/2022 dated 19.05.2023 and consequential order of the 3rd respondent in Na.Ka.47/2021 dated 22.05.2023, quash the same and consequently, direct the respondents to continue the seniority of the petitioner as if he had joined duty only on 25.11.2021 in the forenoon and permit the petitioner to continue in his present station.)
1. This writ petition has been filed challenging the order of the 1st respondent, dated 19.05.2023, cancelling the transfer order granted in favour of the petitioner dated 19.09.2022, and also the consequential relieving order of the 3rd respondent, dated 22.05.2023.
2. It is the case of the petitioner that he was originally appointed as B.T.Assistant with effect from 09.02.2009 in The Nilgiris District. Thereafter, he participated in the promotion counselling which was conducted in the year 2021 and accordingly, the petitioner was promoted to the post of P.G.Assistant and posted to the Government Higher Secondary School at Arunoothumalai, Salem District fro
The central legal point established in the judgment is the interpretation and application of Fundamental Rules 106 and 107 in determining the joining time of government servants and the importance of....
Once a delay in joining a promoted post is officially condoned and the promotion order is not withdrawn, the employee is entitled to seniority from the original date of the promotion order based on t....
A government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another, and the court should not interfere with a....
The promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
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 main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
Prior service rendered before an inter-state transfer is valid for promotion eligibility, even if seniority is lost, as established by previous court rulings.
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