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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
MR.JUSTICE BATTU DEVANAND, J
Neelanarayanan – Appellant
Versus
Joint Director, Tamil Nadu School Education, Chennai – Respondent
ORDER :
(BATTU DEVANAND, J.)
This Writ Petition has been filed against the proceedings, dated 12.02.2025 issued by the 1st respondent transferring the petitioner from Sathankulam, Thoothukudi District, to Jolarpettai, Thirupathur District.
2. The case of the petitioner is that he had joined as Junior Assistant in the Chief Educational Office, Kanyakumari District in the year 1996. Thereafter, he was promoted as Assistant and thereafter, as Desk Superintendent. Now, he is working as Superintendent at 4th respondent office with effect from 01.12.2023. During his duties, he came to know that, for some of the teachers, there was wrong fixation of their salaries and as such, there was monetary loss to the Government. He communicated the same to the 3rd and 4th respondents. After enquiry, the 3rd respondent confirmed the same vide letter, dated 11.07.2024 and communicated the same to the 2nd respondent. Aggrieved over his action, some of the teachers in the name of their association, namely 'Tamil Nadu Thodakkapalli Aasiriyar Kootani', to give trouble to the petitioner, made a complaint to the higher officials stating that he is not amenable to them. In that regard, the then Chief Education
Transfers in public service must adhere to principles of natural justice and cannot be based on unverified complaints or external pressures.
Transfer orders are administrative actions that should not be interfered with unless shown to be mala fide or in violation of statutory provisions, with public interest being a valid justification.
Transfer being an incident of service, employees have no legal right to be posted forever at any one particular place, and courts cannot interfere with day-to-day transfer orders unless malafide exer....
Government servants have no vested right to remain posted at a particular place, and interference with transfer orders should be limited to cases of mala fides or violation of specific provisions.
Government servants have no vested right to remain posted at a place of their choice and can be transferred in administrative exigencies. Interference with transfer orders should be limited to cases ....
Point of Law : Public representatives have a right to make recommendations, but these can only be recommendations and cannot be taken to be final word.
Government servants have no vested right to remain posted at a place of their choice, and interference with transfer orders should be limited to cases of mala fides or violation of specific provision....
Transfers of employees nearing retirement must be justified by administrative exigency; otherwise, they are deemed arbitrary and against public policy.
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