SORNA ARIVALAGAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The prayer in these Writ Petitions are for mandamus to forbear the Respondents from conducting the general transfer of Village Administrative Officers from Thanjavur District proposed to be held on 05.12.2009 and any date subsequent thereto.

(2.) According to the Petitioners, they are working as Village Administrative Officers in Thanjavur District. They have been entrusted with the work of collection of land revenues, maintaining the records pertaining to the lands and identifying the lands for the purpose of revenue assessment and to protect the government lands from encroachment and further more, the revenue year, namely, fasali year to be calculated from every July to June and they should reside in the respective village for doing the above said works, so that the revenue administration should not collapse due to the absence of the Village Administrative Officers (in short "VAO"). Keeping the above said administration work in mind, the Government have formulated guidelines insofar as the general transfer of the VA Os in the year 2008 and the Government of Tamil Nadu issued an order in G.O. Ms. No. 515 Revenue (Service-7(1) Department dated 25.08.2008. The Government described the important guidelines to be followed, while the general transfer for administrative reason ordered, to the VA Os could be effected at any point of time on administrative grounds. Since the nature of work done by the VA Os is being ground work and the same differs from the works of other government employees and also in order to protect the education of their children, the general transfer will effect after the starting of the academic year for the reason that they should stay within the vicinity of the village and therefore, the guidelines issued for the government employees in general transfer as per G.O. in G.O. Ms. No. 10 Employees and Administrative Reforms Department dated 07.01.1994 is not applicable to the case of the VA Os and transfer period of VA Os, namely 'month of May' has been cancelled as per the Government order in G.O. Ms. No. 864 Revenue Department, dated 10.08.1992 and the period for general transfer should be taken as 'the first day of July' and also there should be a separate order passed for the VA Os by taking into consideration of the election duties existing in essential and emergency works of the circumstances, the VA Os may be permitted to work within their native places, while they joined at me time of service. The Divisional seniority and Taluk seniority should be fixed on the basis of their District Seniority. The general services of VA Os should be fixed as one year in case of A' Villages and three years in case of 'B' Villages.

(3.) It is the case of the Petitioners that on receipt of various representations from the VA Os, the Respondents have decided to conduct general counseling for transfer in the middle of the academic year and having come to know the same, they have sent the representation dated 26.11.2009 to the Respondents highlighting the guidelines issued by the Government of Tamil Nadu and requested not to hold the general counseling in the middle of the academic year and despite the same, it is reliably learnt that the Respondents have decided to conduct the counseling for general transfer on 05.12.2009.