Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Mad) 76456

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.Ilanthiraiyan, J
R. Subathra – Appellant
Versus
Director of Agriculture – Respondent
W.P.Nos.37280, 37286, 37291 & 37295 of 2025

Advocates:
For the Appellants/Petitioners: K. Rajkumar
For the Respondents:M. Suresh Kumar, Additional Advocate General, Assisted by Yogesh Kannadasan, Special Government Pleader

The right to relinquish promotion under Section 57 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, is an unfettered statutory right that cannot be conditioned upon an involuntary transfer. Additionally, a parent department lacks jurisdiction to transfer employees once allotted to a sister department.

Headnote:(A) Tamil Nadu Government Servants (Conditions of Service) Act, 2016 - S. 57 - Relinquishment of promotion - Right of government servant to relinquish promotion - Whether such relinquishment can be conditioned by department with transfer - Held, right to relinquish is unfettered and valid unless opposed to public interest; imposition of transfer as a condition is arbitrary. (Paras 10, 11)

(B) Transfer - Jurisdiction - Inter-departmental transfer - Effected by authority of parent department after allotment to sister department - Held, parent department lacks jurisdiction to transfer once services are allotted to another department without formal repatriation. (Para 8)

Facts of the case:
The petitioners were appointed in the Agriculture Department and later allotted to the Horticulture Department. Upon reaching promotion eligibility, they exercised their right under S. 57 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 to temporarily relinquish promotion for three years to ensure placement stability. The Director of Agriculture accepted this but concurrently issued transfer orders, which the petitioners challenged as mala fide, without jurisdiction, and arbitrary.

Findings of Court:
The court held that the transfer order issued by the Director of Agriculture was beyond his jurisdiction because the employees were already serving in the Horticulture Department. Furthermore, the court ruled that the right to relinquish promotion is an unfettered statutory right that cannot be conditioned upon an unwanted transfer.

Issues: (1) Whether the Director of Agriculture had jurisdiction to transfer employees already allotted to the Horticulture Department. (2) Whether the department could impose transfer as a condition for accepting the voluntary relinquishment of promotion.

Ratio Decidendi: Once a government servant is allotted to a sister department, the parent department loses the authority to issue internal transfers. Additionally, the statutory right of relinquishment of promotion under S. 57 cannot be restricted by arbitrary conditions imposed by the appointing authority unless such relinquishment is proven to be against public interest.

Result: Writ petitions allowed; transfer orders quashed.

Table of Content
1. factual background regarding appointments, promotional panel, and subsequent requests for temporary relinquishment. (Para 1 , 2 , 3 , 4)
2. arguments concerning jurisdiction, mala fide intent, and the impact of the transfer policy. (Para 5 , 6)
3. jurisdictional limitation of parent departments over employees moved to sister departments. (Para 7 , 8)
4. the mandatory validity of relinquishment as an unfettered right under section 57. (Para 9 , 10 , 11)
5. final determination quashing arbitrary transfer orders and sustaining the request for relinquishment. (Para 12 , 13 , 14)

W.P.No.37280 of 2025

R.Subathra … Petitioner

1.The Director of Agriculture,

No.1, Walajah Road,

PWD Estate,

Chepauk, Chennai – 600 005.

2.The Director of Horticulture and Plantation Crops,

No.1, Walajah Road,

Third Floor, Agriculture Department Complex,

PWE Estate, Chepauk, Chennai – 600 005.

3.The Deputy Director of Horticulture,

O/o.The Joint Director of Agriculture,

Panjupettai,

Kanchipuram – 631 502.

4.V.Yogeshwari

Typist,

O/o.The Deputy Director of Horticulture,

Joint Director of Agriculture Office Complex,

Collectorate, Chengalpattu – 603 001. …. Respondents

Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the Proceedings of the Director of Agriculture, Chennai - 600 005, the 1st respondent herein made in Proceedings No. A Nee P1/32987/2025 dated 28.08.2025, quash the same in so far as the order relating to the transfer of the petitioner in SI. No. 1 alone is concerned from the post of Typist, Office of the Deputy Director of Horticulture, Kanchipuram to Typist, Office of the Deputy Director of Horticulture, Chengalpattu and consequently direct the respondents herein to treat that the petitioner is deemed to have been continuing as Typist in the Office of the Deputy Director of Horticulture, Kanchipuram with all consequential dues such as pay and allowances, continuity of service, arrears of salary which was not given due to the impugned order of transfer and disburse all the accrued service and monetary benefits within a time frame that may be fixed by this Honble Court.

W.P.No.37286 of 2025

V.Sekar … Petitioner

1.The Director of Agriculture,

No.1, Walajah Road,

PWD Estate,

Chepauk, Chennai – 600 005.

2.The Chief Engineer,

Agricultural Engineering Department,

No.487, Anna Salai,

Lottus Colony, CIT Nagar,

Chennai – 600 035.

3.The Assistant Executive Engineer,

Agricultural Engineering Department,

No.1012/12, Karungounder,

Vallipurathanpalayam Post,

Erode District – 638 112.

4.R.Eswari,

Junior Assistant,

O/o.The Deputy Director of Horticulture,

No.204, 1st Floor, Collectorate Annexe Building,

Collectorate Master Complex,

Namakkal – 637 003. …. Respondents

Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the Proceedings of the Director of Agriculture, Chennai - 600 005, the First respondent herein made in Proceedings No. A Nee P1/32987/2025 dated 28-08-2025, quash the same in so far as the order relating to the transfer of the petitioner in SI. No.38 alone is concerned from the post of Junior Assistant, Office of the Assistant Executive Engineer, Agriculture Engineering, Erode to Junior Assistant, office of the Deputy Director of Horticulture, Namakkal and consequently direct the respondents herein to treat that the petitioner is deemed to have been continuing as Junior Assistant in the Office of the Assistant Executive Engineer, Agriculture Engineering, Erode with all consequential dues such as pay and allowances, continuity of service, arrears of salary which was not given due to the impugned order of transfer and disburse all the accrued service and monetary benefits within a time frame that may be fixed by this Honble Court.

W.P.No.37291 of 2025

A.Valarmathi …. Petitioner

1.The Director of Agric

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2025 Supreme(Online)(Mad) 76456

IN THE HIGH COURT OF JUDICATURE AT MADRASG.K.Ilanthiraiyan, JR. Subathra – AppellantVersusDirector of Agriculture – RespondentW.P.Nos.37280, 37286, 37291 & 37295 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.Ilanthiraiyan, J
R. Subathra – Appellant
Versus
Director of Agriculture – Respondent
W.P.Nos.37280, 37286, 37291 & 37295 of 2025