V. RAMACHANDRAN Vs. THE PRINCIPAL SECRETARY GOVERNMENT OF TAMIL NADU SCHOOL EDUCATION DEPARTMENT & ORS.

JUDGEMENT

(1.) The present writ petition has been filed challenging Para No.1(iii) in G.O.(1D) No.403 issued by the first respondent School Education Department dated 29.05.2018 and schedule of counselling issued by the third respondent and quash the same and consequently direct the respondents to conduct the transfer counselling prior to the deployment counselling.

(2.) The learned counsel appearing on behalf of the writ petitioner made a submission that the writ petitioner had already participated in several counselling conducted on earlier occasions. However, the petitioner was not able to get the post and place of her choice. It is contended that the writ petitioner is continuing in the present post for the past 17 years and her frequent request for transfer has not been considered by the respondents.

(3.) This Court is of an opinion that transfer is an incidental to service, more so, a condition of service. Posts or Place can never be claimed as a matter of right. A public servant wherever posted has to work in the interest of public and the public administration. Only on exceptional circumstances, where the transfers are mala fides or without jurisdiction, then alone the employee will get a right to challenge the same. The powers of judicial review for grant of transfers or refusal of transfers are certainly limited. The Constitutional Courts cannot run the day-to-day administration of the State and its administration. It is for the competent authorities to take a decision in respect of transfer of employees in the interest of public and by applying their minds. Such administrative decisions in normal circumstances, cannot be subjected to judicial review under Article 226 of the Constitution of India. Courts can interfere only on exceptional circumstances. Undoubtedly, the authorities competent are bound to follow uniformity and certain guidelines/instructions issued by the Government in this regard. However, non adherence of such instructions/guidelines in the interest of public administration will not confer any right on the Government employee to agitate the matter before the High Court in respect of transfers.