COMMON JUDGMENT

D.BHARATHA CHAKRAVARTHY, J., These Writ Appeals are directed against the order passed by the learned Single Judge made in W.P(MD)Nos.19266 of 2021 and 20575 of 2022 dated 05.01.2022.

2. The brief facts leading to the filing of these writ appeals are that the Government has been issuing orders periodically regarding the posting and transfers of the Village Administrative Officers. In order to provide better administration, weed out the corruption and ensuring transparency, the Government consolidated its guidelines regarding transfers and posting of Village Administrative Officers vide G.O.Ms.No.515 dated 25.08.2008. As per the guidelines framed under the said Government Order, the Village Administrative Officers have to be transferred between 'A' villages (villages within the urban limits) and 'B' villages (rural) alternatively for a period of one year and three years respectively. It is further laid down that in order to ascertain the eligibility of the Village Administrative Officers to participate in the general counseling seeking transfer to the place of their choice, first of July of the respective year should be taken as the cut off date.

3. In this background, for the year 2021, the counseling for general transfers of the Village Administrative Officers within the Aranthangi Revenue Division, Pudukottai District could not be conducted in time and the reasons stated are that there was election duty in the month of July and thereafter, the office of the competent authority namely, the Revenue Divisional Officer was vacant. After the incumbent was posted, he proposed to conduct the counseling for transfer on 28.08.2021. While so conducting, accepting the representation of the association of the Village Administrative Officers, the cut off date was fixed by the authority as 26.08.2021 instead of

01.07.2021.

4. Based on the said cut off date and conduct of counseling, as many as 8 transfers were made by the proceedings dated 31.08.2021. It is stated that out of the 8 persons, some of the transferred employees became eligible subsequent to the cut off date fixed by the G.O. ie., 01.07.2021.

5. In this scenario, W.P.(MD)No.19766 of 2021 was filed by one of the Village Administrative Officers namely, G.Kathirvel, the first respondent in W.A.(MD)No.334 of 2022 with a prayer calling for the records of the said order and also the consequential order issuing transfer to the party respondent on 30.09.2021 and to quash the said orders and for a direction to conduct the transfer counseling strictly in accordance with the G.O.Ms.No.515, dated 25.08.2008.

6. Similarly the second writ petition in W.P.(MD)No.20575 of

2021 was filed by three other Village Administrative Officers. Pending the writ petitions, there was no interim order and the transfers were given effect and the individuals were working in the transfer places. Thereafter, the writ petitions were came to be heard by the learned Single Judge and was finally disposed of by Judgment dated

05.01.2022.

7. The learned Single Judge after considering the case of the parties held that the Revenue Divisional Officer could not have fixed the cut off of his choice, when the G.O.Ms.No.515 prescribes the cut off date as 01.07.2021 and therefore allowed the writ petitions by setting aside the impugned orders of transfer.

8. Aggrieved by the same, the State filed W.A(MD)No.1145 of

2022 and 1146 of 2022 while three of the Village Administrative Officers whose transfers were also quashed and who were not made as parties in the above writ petitions filed W.A(MD)No.334 of 2022. Pending the writ appeals also, there was no any interim stay of the order of the learned Single Judge. But till date the orders of the learned Single Judge were not implemented. Citing the non- implementation of the orders of the learned Single Judge it is further represented that the Village Administrative Officers of the division have been protesting and were not co-operating for the general transfer counseling for