P.Eswaran, v. The Dean
Case brief
What is this about?
In this writ petition challenging a government employee's transfer order, the Court found the transfer was based on administrative reasons. Finding no evidence of malafide motive, the Court held that a transfer is a condition of service and dismissed the writ petition.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.6331 of 2018 and WMP.Nos.7884 and 7885 of 2018
P.Eswaran .. Petitioner
-vs-
1. The Dean
Institute of Road Transport
Perundurai Medical College
Sanatorium - Perundurai
Erode District
2. The Director
Institute of Road Transport
Taramani
Chennai 600 113
3. The Principal (i/c)
Institute of Road Transport
Polytechnic College
Tirunelveli .. Respondents
Petition under Article 226 of the Constitution of India,
praying for the issue of a Writ of Certiorarified Mandamus,
calling for the records comprised in the proceedings of the
second respondent bearing No.762/A1/IRT/2012 dated 20.2.2018 and
quash the same and consequently direct the respondents 1 and 2
to repost the petitioner as a Driver (Special Grade) in
Perundurai Medical College (IRT), Erode District.
For Petitioner :: Mr.T.T.Ravichandran For Respondents :: Mr.V.Kadhirvelu Special Government Pleader
ORDER
Issues for consideration
2 issues framed by the court
Whether a government servant has locus standi to challenge an impugned transfer order on grounds of malafide motive affecting family.
Whether a transfer incurred on administrative reasons denies the employee the right to question it.
Parties & counsel
- petitioner
P. Eswaran
- respondent
The Dean, Institute of Road Transport, Perundurai Medical College
- respondent
The Director, Institute of Road Transport, Taramani
- respondent
The Principal (i/c), Institute of Road Transport, Polytechnic College, Tirunelveli
Case details
As recorded by the court registry
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