Facts
The appellants challenged their respective transfer orders by filing writ petitions, which the Writ Court dismissed on 26 March 2024, holding that transfer is incidental to service.
Source reference: pp. 2–5Suganthupriyan had been transferred from Denkanikottai, Krishnagiri District, to Courtallam, Tenkasi District; Sundar had been transferred from Attur, Salem District, to Talavadi, Erode District.
Source reference: pp. 2–5They appealed under Clause 15 of the Letters Patent.
Source reference: pp. 2–5While the appeals were pending, interim orders enabled them to continue at their existing places for more than two years
Source reference: pp. 2–5Issues
Whether the Writ Court erred in declining to interfere with the appellants’ administrative transfer orders
Source reference: pp. 2–3Whether the appellants established a legally sustainable ground for judicial interference with those orders
Source reference: pp. 3–5Law Applied
Transfer is ordinarily an incident of service, and an administrative transfer may be challenged only on grounds such as lack of jurisdiction or mala fides. An allegation of mala fides must be established, and the authority alleged to have acted mala fide should be impleaded in a personal capacity.
Source reference: pp. 3–4Transfer guidelines generally regulate the competent authority’s exercise of power and do not confer an enforceable right to a particular place or post. Courts should not ordinarily interfere with day-to-day government administration or entertain a writ petition under Article 226 based merely on a grievance concerning an administrative transfer.
Source reference: pp. 3–4Reasoning
Applying these principles, the Court found that the transfers were made on administrative grounds and that the appellants had raised no acceptable ground warranting interference with the Writ Court’s order.
Source reference: p. 5It also noted that, under interim orders in the appeals, the appellants had remained at their existing places for more than two years, and concluded that further concession or leniency was unwarranted.
Source reference: p. 5Holding
The Court dismissed both writ appeals, thereby leaving the transfer orders undisturbed.
It made no order as to costs and closed the connected miscellaneous petitions.
Source reference: p. 5Original Court PDF
V.SUGANTHUPRIYANvsTHE DIRECTOR OF SERICULTURE
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