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, 10After 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. 3–4Her request was rejected.
Source reference: para. 3–4The Single Judge dismissed her writ petition, and she appealed.
Source reference: para. 3–4Issues
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. 10–122. 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, 13Law 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. 11–13It 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. 11–13Differences in promotional avenues, by themselves, do not confer such a right.
Source reference: para. 11–13The judgment cites no specific statute or precedent.
Source reference: no citationReasoning
The appellant had accepted the Corporation appointment and joined service, while the recruitment notification distinguished the Corporation from the Forest Department.
Source reference: para. 10–11The Court found no rule or notification provision permitting transfer from the Corporation to the Forest Department.
Source reference: para. 12Her 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. 11–14Holding
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. 15Original Court PDF
A. Tamilselvi,vsThe Principal Secretary to G
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
