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2009 DIGILAW 4974 (MAD)

K. Vendabai v. The Districtr Adi Dravidar Welfare Officer, Vellore District & Another

2009-11-18

N.PAUL VASANTHAKUMAR, R.BANUMATHI, VASANTHAKUMAR

body2009
Judgment :- R.Banumathi, J. Writ Appeal is preferred against the order in W.P.No.14553/2009 challenging the transfer order of 2nd Respondent – Sobana to Vellore. 2. W.P.No.22124/2009 has been filed by the Petitioner challenging her order of transfer from Government Adi Dravidar Welfare Girls Hostel, Vellore to Adi Dravidar Welfare Middle School, Veppankuppam. 3. Since the subject matter in the Writ Appeal and Writ Petition are one and the same, both Writ Appeal and Writ Petition were heard together and shall stand disposed of by this common Judgment. 4. Appellant was appointed as Matron in Government Adi Dravidar Welfare Girls Hostel at Vellore and she joined duty on 110. 2005. Appellant has completed three years period in the said place and by Proceedings Na.Ka.A/649/2009 dated 27. 2009 she was transferred as Secondary Grade Assistant in Government Adi Dravidar Welfare Middle School, Veppankuppam, Vellore which is challenged in W.P.No.22124/2009. 5. Pointing out that transfer is a condition of service and that no Government servant has got any right to be posted at any place, learned single Judge dismissed W.P.No.14553/2009 which is challenged in the Writ Appeal. 6. As pointed out earlier, Appellant was appointed as Matron in the Government Adi Dravidar Welfare Girls Hostel, Vellore even on 110. 2005 and she has been in the said station for more than three years. Having completed three years, Appellant had no right to continue in the same station. It is well settled that Courts cannot interfere with the orders of transfer as a matter of routine unless shown to be malafide exercise of power or in violation of statutory provisions. In (2004) 7 SCC 405 [State of U.P. and another v. Siya Ram and another], the Supreme Court held that Government servant has no legal right or insist being posted in a particular post/place unless the order of transfer is shown to be an out come malafide exercise or stated to be in violation of statutory provisions prohibiting any such transfer, Courts should not normally interfere. 7. As observed by the learned single Judge, it is trite law transfer is a condition of service. Unless the impugned order of transfer is shown to be malafide, Appellant cannot successfully challenge the same. That apart it is stated that the place of transfer Veppankuppam is within the short distance of about 20 – 30 kms. From the present place of work. Unless the impugned order of transfer is shown to be malafide, Appellant cannot successfully challenge the same. That apart it is stated that the place of transfer Veppankuppam is within the short distance of about 20 – 30 kms. From the present place of work. In such circumstances, the order of transfer cannot be said to be a malafide one warranting interference and we do not find any statutory violation of rules. 8. In the result, both Writ Appeal and Writ Petition are dismissed. No costs. Consequently, connected MPs. are closed.