Madras High Court
Administrative and Public LawEmployment and Labour Law

An employee has no right to transfer between separate establishments absent an enabling provision.

A. Tamilselvi, vs The Principal Secretary to G

Madras High CourtJUDGMENT: September 24, 20262 MIN READSOURCE JUDGMENT
An employee has no right to transfer between separate establishments absent an enabling provision.. A. Tamilselvi, vs The Principal Secretary to G. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant participated in recruitment for Forester, was provisionally selected under the GTWT category for the Tamil Nadu Forest Plantation Corporation Limited, accepted the appointment, and joined duty on 12 June 2017.

Source reference: para. 2, 10

After taking maternity leave and later being transferred on her request, she sought appointment in the Forest Department, asserting that she had opted for that Department during recruitment.

Source reference: para. 3–4

Her request was rejected.

Source reference: para. 3–4

The Single Judge dismissed her writ petition, and she appealed.

Source reference: para. 3–4
02

Issues

1. Whether the appellant’s stated preference for the Forest Department gave her a right to appointment or transfer there after she accepted and joined a Forester post in the Tamil Nadu Forest Plantation Corporation Limited.

Source reference: para. 10–12

2. Whether the asserted difference in promotional avenues, or the ground on which her request was rejected, entitled her to appointment or transfer to the Forest Department.

Source reference: para. 6, 13
03

Law Applied

The Court applied the terms and conditions of the relevant recruitment notification and rules governing appointment to the Forest Department and the Tamil Nadu Forest Plantation Corporation Limited.

Source reference: para. 11–13

It held that expressing a preference does not create a vested right to appointment or transfer to the preferred establishment after accepting and joining a different appointment; in the absence of an enabling provision, an employee cannot claim a change of service between establishments.

Source reference: para. 11–13

Differences in promotional avenues, by themselves, do not confer such a right.

Source reference: para. 11–13

The judgment cites no specific statute or precedent.

Source reference: no citation
04

Reasoning

The appellant had accepted the Corporation appointment and joined service, while the recruitment notification distinguished the Corporation from the Forest Department.

Source reference: para. 10–11

The Court found no rule or notification provision permitting transfer from the Corporation to the Forest Department.

Source reference: para. 12

Her preference and the asserted difference in promotional prospects therefore could not establish a right to appointment or transfer; the Court found no basis to interfere with the Single Judge’s dismissal.

Source reference: para. 11–14
05

Holding

The Court held that the appellant had no enforceable right to appointment or transfer to the Forest Department on the facts presented and found no error warranting appellate interference.

The writ appeal was dismissed, with no order as to costs.

Source reference: para. 15
Madras High Court

Original Court PDF

A. Tamilselvi,vsThe Principal Secretary to G

Madras High Court · September 24, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment