DIRECTOR OF PUBLIC LIBRARIES Vs. T ARIVARASU PANDIAN

JUDGEMENT

(1.) The respondents in O.A.No.1915 of 2003 on the file of the Tamil Nadu Administrative Tribunal, Chennai, aggrieved by the order-dated 21.10.2003, have preferred this writ petition.

(2.) The first respondent in this writ petition is working in the District Library Office, Theni, as Accountant. He has been transferred from Theni to the Office of the Director of Public Libraries, Chennai, as per the proceedings in Rc.No.415/A1/2003-2 dated 14.5.2003. Aggrieved by the transfer order, he questioned the same before the Tribunal contending, that the Director of Public Libraries is not a competent authority to transfer him, whereas only the District Library Authorities are competent to transfer him, in their respective District Library Units, since the applicant has been initially appointed by the District Library Authority. It is the further contention of the applicant/first respondent, that the Office of the Director of Public Libraries and District Library Authorities are separate units and if at all, transfer could be effected only at the request of the employees concerned, from one District unit to other and to the Directorate of Public Libraries and vice versa. It is the further case of the applicant/first respondent, that since he did not submit any written request, for his transfer, from Theni District Unit to Directorate of Public Libraries, Chennai, the transfer is violative of the rules, which even affects his promotional avenue, since promotion is considered in the District Units. It is the further case of the applicant/first respondent, that he had joined duty at Theni only in the month of April 2002 and his transfer from Theni within a year, is violative of the guidelines issued in G.O.Ms.No.10, Personnel and Administrative Reforms Department dated 7.1.1974. On the above grounds, he would contend, that since he is on the verge of promotion as Superintendent, his transfer would badly affect his seniority, for such promotion. In this view, praying to quash the above proceedings, the original application came to be filed, before the Tribunal.

(3.) The writ petitioners as respondents opposed the application contending, that the Local Library Authorities of each Revenue District is under the control of the Director of Public Libraries, that the services of the employees are provincialised, as per G.O.Ms.No.820/Education Department dated 3.5.1982 and State seniority in respect of the staff working in the Local Library Authorities, including the Directorate of Public Libraries, was introduced to provide fair and equal promotion opportunities, with effect from 1.4.1982 and that the competent authority, as per the rules framed, to effect transfer of the staff, is the Directorate of Public Libraries and in that capacity, the transfer is made, that too on the basis of the combined seniority, giving no room, for loss, either in emoluments or seniority and, that the applicant was transferred in the public interest, under administrative grounds, which cannot be termed as violation of rules. In this view, they prayed for the dismissal of the original application.