Judgment :- ORDER 1. The prayer in these Writ Petitions are for mandamus to forbear the respondents from conducting the general transfer of Village Administrative Officers from Thanjavur District proposed to be held on 05.12.2009 and any date subsequent thereto. 2. According to the petitioners, they are working as Village Administrative Officers in Thanjavur District. They have been entrusted with the work of collection of land revenues, maintaining the records pertaining to the lands and identifying the lands for the purpose of revenue assessment and to protect the government lands from encroachment and further more, the revenue year, namely, fasali year to be calculated from every July to June and they should reside in the respective village for doing the above said works, so that the revenue administration should not collapse due to the absence of the Village Administrative Officers (in short “VAO”). Keeping the above said administration work in mind, the Government have formulated guidelines insofar as the general transfer of the VAOs in the year 2008 and the Government of Tamil Nadu issued an order in G.O.Ms.No.515 Revenue (Service-7(1) Department dated 25.08.2008. The Government described the important guidelines to be followed, while the general transfer for administrative reason ordered, to the VAOs could be effected at any point of time on administrative grounds. Since the nature of work done by the VAOs is being ground work and the same differs from the works of other government employees and also in order to protect the education of their children, the general transfer will effect after the starting of the academic year for the reason that they should stay within the vicinity of the village and therefore, the guidelines issued for the government employees in general transfer as per G.O. in G.O.Ms.No.10 Employees and Administrative Reforms Department dated 07.01.1994 is not applicable to the case of the VAOs and transfer period of VAOs, namely month of May has been cancelled as per the Government order in G.O.Ms.No.864 Revenue Department, dated 10.08.1992 and the period for general transfer should be taken as the first day of July and also there should be a separate order passed for the VAOs by taking into consideration of the election duties existing in essential and emergency works of the circumstances, the VAOs may be permitted to work within their native places, while they joined at the time of service. The Divisional seniority and Taluk seniority should be fixed on the basis of their District Seniority. The general services of VAOs should be fixed as one year in case of A Villages and three years in case of B Villages. 3. It is the case of the petitioners that on receipt of various representations from the VAOs, the respondents have decided to conduct general counseling for transfer in the middle of the academic year and having come to know the same, they have sent the representation dated 26.11.2009 to the respondents highlighting the guidelines issued by the Government of Tamil Nadu and requested not to hold the general counseling in the middle of the academic year and despite the same, it is reliably learnt that the respondents have decided to conduct the counseling for general transfer on 05.12.2009. 4. Therefore, the petitioners association requested the respondents to consider and follow the guidelines issued in the Government Order and also stated that the existing work which are in process, with regard to essential and emergency services, may affect. Aggrieved over the action of the respondents, the petitioners have moved these petitions for the above relief. 5. The first respondent has filed a counter along with a vacate stay petition and stated that the Writ Petitions are not at all maintainable either in law or on facts. The petitioners through out their career, have not resided in the same village, where they were posted. For instance, the residence of one of the VAO, namely, Sorna Arivalagan is residing at New Housing Unit, Thanjavur within the village limit, but hitherto he had not shifted his family to his place of work. In all his previous work places, he has not resided in the village, where he was posted disobeying the government orders. 6. Likewise, the residence of one R.Gunasekaran and one S.Sundarrajan are residing at Medical College Road, Thanjavur, which is roughly 3 km away from their duty village. This itself reveals that these VAOs are not obedient government servants and it is a ground for taking disciplinary action against them as per the conduct rules and only for smooth running of administrative functions, the Revenue Divisional Officer has not initiated any disciplinary action against them, though they have not resided in their village limit throughout their service career. 7. 7. In the counter, it is further stated that in the Government Order in G.O.(Perm) No.515 Revenue (Ser.7(1)) Department, dated 25.08.2008, it is ordered that no VAOs should be allowed to serve in A villages for more than one year and in B villages for more than three years. It is further stated that though first day of July will be the transfer date, specific order was issued to give general transfer considering the ban on transfer of VAOs in the previous year due to election etc, the powers have been vested to the District Collector in letter No.3904/Ser.7(1)/2008-2 dated 20.10.2008 to decide the general transfer. Accordingly, general transfer was given effect to during the last year i.e during November 2008, after vacating the ban on transfer of Government servants due to Electoral Roll Revision Work. All the three Writ Petitioners are posted in A villages on 09.11.2008 and they are working in the same villages for the past one year and in the same Government Order, the Government has directed not to seek permission each year and the transfer can be decided locally as per the condition in the concerned district. 8. It is stated further that the petitioners with a motive to continue only in A Villages taking shelter with a plea that the general transfer should be effected only in June-July, which principle was not adopted in the last year. Hence, it is clear that only with a corrupt motive, they are working in A villages though their continuance in A villages is against the Government Order. On 18.11.2009, after conducting the meeting with all the Revenue Divisional Officers and as per the decision made in the meeting, the DRO has suggested the RDOs to give general transfer by conducting open counseling. At this juncture, the writ petitioners, on 26.11.2009, filed a representation in the name of Village Administrative Officers Association not to conduct counseling and give general transfer on 27.11.2009. 9. The Taluk President of VAOs Association of Thanjavur, Thiruvaiyaru, Orathanadu, Kumbakonam, Thiruvidaimarudur and Papanasam taluks of Thanjavur District and 26 others have filed a representation stating that some of them wants to continue in the same A village and requested the Collector not to give general transfer. 9. The Taluk President of VAOs Association of Thanjavur, Thiruvaiyaru, Orathanadu, Kumbakonam, Thiruvidaimarudur and Papanasam taluks of Thanjavur District and 26 others have filed a representation stating that some of them wants to continue in the same A village and requested the Collector not to give general transfer. This stand of the respondent that majority of the VAOs have the residence permanently in the urban areas near the place of work in villages and the education of their children will not be affected, as their nature of duties are in field level only and entirely different from other government servants and also in majority cases they are transferred to the nearby villages where they have already served and hence, the common instructions issued to other government orders are not applicable to them, and therefore, it is decided to give general transfer to VAOs and even if they change the residence, it will not affect them, as their transfers are within taluk and most of the cases they do not change their residence. Their only motive is that they are intended to remain in the `A villages and not to go to B villages. In fact, Thanjavur Taluk VAOs Association, resolved in their General Body Meeting held on 14.12.2008, condemning the petitioners action and asked them to resign their respective posts. Moreover in some of the divisions, counseling have been conducted and the VAOs have joined in these divisions in their new places. 10. The foremost contention of the learned counsel for the petitioner is that the respondents proposed action to go for general transfer is contrary to the Government Order in G.O.Ms.No.515 with regard to the general transfer, and if any transfer is made during the middle of the academic year, it will affect the education of the children and therefore, the proposed action of the respondents is to be restrained in an appropriate manner. 11. Per contra, the learned Special Government Pleader would contend that the Government Order in G.O.Ms.No.515 stipulates that no VAO who completes one year in A village and three years in B village should be allowed to continue in the same village and as per the Governments policy and the decisions taken by the Government, specific orders were issued to give general transfer, considering the ban of transfer of VAO in the previous year due to election. In this regard, powers have been vested with the District Collector to decide the general transfer. Accordingly, the respondents are to proceed in the best manner to effect the general transfer and there is nothing contrary to the decisions of the Government for the proposed general transfer to be made by the District Collector. He would further contend that there is no occasion for any disturbances to the education of their children as the petitioners are living in the urban areas in and around the respective villages of their duty villages and it is not going to be affected even if transfer is made in the middle of the academic year. 12. I have heard the learned counsel for the petitioners in all the petitions and the learned Special Government Pleader appearing for the respondents and perused the materials available on record. 13. The petitioners have moved this Court apprehending that the respondents are going to make a general transfer by 05.12.2009. They have not given any materials before this Court to substantiate that such general transfer is going to take place. It is seen that the petitioners are living in urban areas and there is no occasion to infer from the materials available that the childrens education is going to be affected in the event of the proposed transfer is effected. 14. Ordinarily, the general transfer is effected on Administrative grounds. It is the cardinal principle that Courts should not interfere with said transfers if it is made or proposed to be made in public interest and in some cases for administrative reasons, unless the transfer orders are made in violation of mandatory statutory rule or on the ground of mala fide. A government servant holding a transferable post has no vested right to remain posted at one place or the other. He is liable to be transferred from one place to the other. Transfer orders generally issued by the competent authority do not violate any of his legal rights. Even if a transfer order is passed in violation of executive instructions or orders, the courts ordinarily should not interfere with the order. Instead the affected party should approach the higher authorities in the department. Transfer orders generally issued by the competent authority do not violate any of his legal rights. Even if a transfer order is passed in violation of executive instructions or orders, the courts ordinarily should not interfere with the order. Instead the affected party should approach the higher authorities in the department. If the courts continue to interfere with the day-to-day transfer orders issued by the Government and its subordinate authorities, there will be a complete chaos in the administration which would not be conducive to normal administrative functioning. 15. In the instant case, it is seen that the petitioners are working in the A villages and they have represented to the respondents not to make general transfers, to be proposed to be held on 05.12.2009. The orders of the Government as they relied on to bring their interest in G.O.Ms.No.515 stipulates that the transfer of VAOs could be effected at any point of time on administrative grounds. Since the nature of work done by the VAOs being ground work and the same is differed from the works of other government employees and also in order to safeguard continuance of the education of their children, general transfer is to be effected after starting of the academic year for the reasons that they should stay within the vicinity of the village and therefore the guidelines issued for the Government employees in respect of G.O.Ms.No.10 would not be applicable to the case of VAOs. However, the Government Order in G.O.Ms.No.515 would be applicable to the case of the petitioners, wherein it is specifically stated that they shall not serve more than one year in A villages and three years service in B villages and accordingly the District Collector has given power to decide the general transfer. Accordingly, the general transfer was given effect to for the last year, during November 2008 after lifting of the ban of transfer on VAOs due to Electoral Role revision work. Admittedly, the petitioners are working in A villages and they are working in the same village for the past one year and in the same Government Order referred to above, the Government has directed not to seek permission each year, and the transfer could be decided as per the conditions in the Government Order. Admittedly, the petitioners are working in A villages and they are working in the same village for the past one year and in the same Government Order referred to above, the Government has directed not to seek permission each year, and the transfer could be decided as per the conditions in the Government Order. It is also seen from the counter of the respondents that they are requested from various VAOs Association that general transfer be effected in order to get fair opportunity for being posted in their respective taluks within the reasonable distance and the proposed transfer is in no way affect the interest of the petitioners. 16. On perusal of the entire materials, it could be seen that there is no malicious or any extraneous reason amounting to malafide or a ground for making any proposed transfer. Therefore, at the instance of the Government Order, the District Collector has proceeded to make general transfer and therefore, there is no infirmity or illegality in the action of the respondent. 17. For the foregoing reasons and considering the materials available on record, there is no prima facie case for forbearing the respondents to proceed with the transfer and in the result, these Writ Petitions deserve no merit and therefore, the same are dismissed. However, considering the circumstances of the case, as the petitioners have come out with a prayer anticipating that a proposed transfer to be effected, in case, if the transfers are effected, it is always open to the petitioners to move this Court if their statutory rights or any right conferred by the government orders is infringed, they can seek suitable reliefs. 18. Since, this Court has considered the case of the petitioners and granted interim order restraining the respondents from conducting proposed general counseling for transfer proposed to be held on 05.12.2009, or on any subsequent dates thereto, for transfer of VAOs of Thanjavur District, the respondents are directed to keep the petitioners in the respective villages till the general transfers are made. The respondents are directed to proceed with the general transfer, if any, in accordance with rule and make orders and then effect transfer. No costs. Consequently connected Miscellaneous Petitions are closed.