S.THIRUMALAIKUMARASAMY Vs. THE PRINCIPAL SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT SECRETARIAT

JUDGEMENT

(1.) The order of transfer dated 10.12.2010 issued by the second respondent is sought to be quashed in the present writ petition and a direction is also sought for to permit the writ petitioner to continue to work as Assistant in the District Library Office, Theni District.

(2.) The writ petitioner joined as Junior Assistant during the year 1998 in the District Library Office, Theni and subsequently, on 22.10.2007, he was promoted to the post of Assistant and posted in the same office at Theni. Thereafter, the writ petitioner is working in the District Library Office, Theni, for many years. The second respondent - Director of Public Library issued an order of transfer in proceedings dated 10.12.2010 transferring the writ petitioner from the District Library Office, Theni to the office of the Director of Public Libraries, Chennai, on administrative grounds. The said order of transfer is under challenge in the present writ petition and pursuant to the interim order of stay granted in the writ petition, the writ petitioner has been allowed to continue in the office of the District Library, Theni and working as such for the past more than 8 1/2 (eight and half) years. It is an unfortunate situation, where the interim order of stay was obtained by the writ petitioner and he is continuing in the same post and in the same office for more than 8 1/2 (eight and half) years, in spite of the fact that the order of transfer was issued on administrative grounds.

(3.) Transfer is an incidental to service moreso a condition of service. Post or place can never be claimed as a matter of choice by the employee. High Court cannot interfere with the routine administrative orders. The order of transfer can be challenged on limited grounds. Judicial review against the transfer order is undoubtedly limited. If the High Court interferes with the routine administrative transfer orders issued by the competent authorities, the same would cause prejudice to the maintenance of efficient public administration by the competent authorities. Thus, the High Court should exercise restraint from entertaining the writ petitions filed challenging the administrative orders of transfer. Writ proceedings against an order of transfer can be entertained, only if the same has been issued by an incompetent authorities or with mala fide intention or in violation of statutory rules in force. Even in case of mala fide intention, the authority against whom such an allegation is raised is to be impleaded as party respondent in the writ proceedings and in the absence of any of the above legal grounds, no writ petition can be entertained against an order of administrative transfer.