An Assistant Agriculture Officer transferred within two years to Sivagangai challenged her transfer order as violating the Government's three-year transfer policy and being passed only to accommodate a third respondent. Finding no explicit administrative reason for the premature transfer, this Court set aside the impugned transfer order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(MD)No.11441 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.11441 of 2022 and WMP(MD)Nos.8136, 12034 of 2022
G.Ramya
.. Petitioner
v.
1.The Director,
Department of Agricultural Marketing & Agricultural Business,
Guindy, Chennai – 600 032.
Department of Agricultural Marketing & Agricultural Business,
District Collectorate, Dindigul – 624 004.
3.M.Nagaraj
.. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorari calling for the records relating to the impugned transfer order passed by the first respondent in
1/6
WP(MD)No.11441 of 2022
Sae.Mu.AA.No.ThoNePe.4/17658/2021 dated 28.05.2022 (received on
08.06.2022) and quash the same.
For Respondents : Mr.P.T.Thiraviam Government Advocate for R.1, R.2
Mr.A.Jainal Abudheen for R.3 *****
ORDER
The petitioner has filed this writ petition challenging the order of transfer dated 28.05.2022.
2.The case of the petitioner is that she has been posted as Assistant Agriculture Officer, Ulavarsanthai Office, Dindigul, on 21.02.2020, however, within two years, on 28.05.2022, she has been transferred and posted to Sivagangai District, in violation of G.O.Ms.No.10, Personnel and Administrative Reforms Department, dated 07.01.1994. The main contention of the petitioner is that this transfer order has been passed, in order to accommodate the third respondent.
2/6
WP(MD)No.11441 of 2022
3.Learned Government Advocate, based on the counter affidavit,
submitted that the petitioner is working in and around Dindigul District for about five years and therefore, she has been transferred to Sivagangai District.
4.Learned Counsel for the petitioner disputed the same and submitted that the petitioner was posted as Assistant Agricultural Officer, Gobichettipalayam, Erode on 05.06.2018. She made a transfer application on 06.06.2019 requesting to transfer her to Dindigul District. Vide proceedings dated 28.06.2019, her application for transfer was registered. From 09.10.2019 till 04.07.2020, she availed maternity leave. While so, by proceedings dated 04.02.2020, she was transferred and posted as Assistant Agricultural Officer, Ulavarsanthai Office, Dindigul and therefore, she cancelled her maternity leave, got herself relieved from Gobichettipalayam on 20.02.2020 and joined duty at Dindigul on 21.02.2020.
5.Heard the learned Counsel on either side and perused the materials placed on record.
3/6
WP(MD)No.11441 of 2022
6.This Court, while entertaining this writ petition on 10.06.2022, has granted an order of interim stay. Pursuant to the interim order, it is reported that the petitioner is continuing in the same post.
7.Though the counter affidavit reads that the petitioner has been transferred on administrative grounds, from the impugned order of transfer, it appears that the petitioner has been transferred in order to accommodate the third respondent. In the impugned order itself, the third respondent's transfer application has been referred.
8.As per the general transfer of policy of the Government, vide G.O.Ms.No.10, Personnel and Administrative Reforms Department, dated 07.01.1994, the Government servants are generally to be transferred from one place to another only after completion of three years of service in the same station / post, however, some exemptions are allowed. In the present case on hand, the petitioner has been transferred within a period of three years from the present post / station, without there being any explicit 4/6
WP(MD)No.11441 of 2022
reasons. In fact, it appears that the transfer order has been passed only to
accommodate the third respondent.
9.Therefore, this writ petition is allowed and the impugned order of
transfer dated 28.05.2022 is set aside. There shall be no order as to costs.
Consequently, connected miscellaneous petitions are closed.
Index : Yes / No 12.11.2024 NCC : Yes / No Internet : Yes gk
To
Department of Agricultural Marketing & Agricultural Business,
Guindy,
Chennai – 600 032.
Department of Agricultural Marketing & Agricultural Business,
District Collectorate, Dindigul – 624 004.
5/6
WP(MD)No.11441 of 2022
B.PUGALENDHI, J.
gk
WP(MD)No.11441 of 2022
12.11.2024
6/6
2 issues framed by the court
Whether the transfer order dated 28.05.2022 was valid when passed within three years of the petitioner's posting in violation of G.O.Ms.No.10 (1994)?
Whether the transfer was made to accommodate the third respondent?
2 provisions across 2 enactments
G.Ramya
The Director, Department of Agricultural Marketing & Agricultural Business
The Deputy Director, Department of Agricultural Marketing & Agricultural Business
M.Nagaraj
B.Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
