Dismissed

V.Selvaraja v. the District Forest Officer

Madras HC15 May 2017WP/16531/2004

Case brief

AI extract

What is this about?

In this writ petition, a Forest Guard challenged his transfer issued by the District Forest Officer within the same district. The petitioner sought to quash the order and direct him to continue in his original station, alleging no right to the specific post. The court dismissed the petition.

What did the court decide?

The writ petition challenging the transfer order was dismissed with no costs awarded to the petitioner.

V.Selvaraja Vs the District Forest Officer — Service and Employment | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.05.2017

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CORAM

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

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W.P.No.16531 of 2004

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V.Selvaraja ...Petitioner -Vs1.The District Forest Officer, Dharmapuri. 2.K.Devarajan ...Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records of the first respondent relating to S.O.No.38/2004/Pa.1 (Na.Ka.No.1084/2004/Pa.1), dated 21.05.2004, quash the same in so far as it relates to the petitioner and consequently, direct the first respondent to permit the petitioner to continue in the same post/station. For Petitioner : Mr.M.Ravi For Respondents : Mr.N.Inbanathan, Additional Government Pleader (Forest) for R1 No Appearance for R2. O R D E R The order of transfer issued by the first respondent in proceeding dated 21.05.2004 is challenged in this writ petition.

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2.The petitioner was working as Forest Guard in Chinnaru Beat, Hogenekkal Range. He was transferred to Forest Police Station and one Mr.Chinnaraj, who was working in Forest Police

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https://hcservices.ecourts.gov.in/hcservices/

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Station, Dharmapuri was transferred to a vacant place and one Mr.Devarajan was posted in the place of the petitioner. Challenging the transfer order dated 21.05.2004, the present writ petition is filed.

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3.The transfer order was issued transferring the petitioner within the same district. Further, the transfer is incidental and condition of service. Hence, an employee has no right to question the transfer issued on administrative grounds, except the ground of mala-fide or without jurisdiction. Hence, the Government employee cannot claim the place or post as a matter of right and no such claim can be entertained through the writ petition. Such being the legal pronouncements, this Court is not inclined to consider the grounds raised in the writ petition. Accordingly, the writ petition stands dismissed. No costs.

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Sd/-
Asst.Registrar
/true copy/
Sub Asst. Registrar
cla
To
The District Forest Officer,
Dharmapuri.
+1cc to Special Government Pleader (forest).sr.37465
W.P.No.16531 of 2004
mg(co)
ss(29/5/2017)

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https://hcservices.ecourts.gov.in/hcservices/

V.Selvaraja v. the District Forest Officer

Case brief

What is this about?

What did the court decide?

V.Selvaraja v. the District Forest Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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Coram

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