Madras High Court
Palanisamy vs The General Manager, Tamil Nadu State ... on 5 July, 2005
Author: Markandey Katju
Bench: Markandey Katju, F.M. Ibrahim Kalifulla
JUDGMENT Markandey Katju, C.J.
1. This writ appeal has been filed against the impugned order of the learned single Judge dated 16.3.2005 passed in Writ Petition No. 8671 of 2005.
2. The learned single Judge has rightly held that transfer is an incidence of service and hence this Court cannot interfere.
3. The learned single Judge has however directed that the transfer order shall not be given effect to till the end of the academic year viz. 31.5.2005 since the petitioner's two children are studying in Class IX in a school at Valparai. In our opinion, the learned single Judge was not justified in passing such an order. Almost every one has children and if such kind of request is entertained no transfer order can ever be passed. Every transfer order causes some hardship but if one wants to remain in service he has to obey the transfer order as a transfer order is a purely administrative order, and is not a punishment. Transfer is an ordinary exigency of service.
4. Learned counsel for the appellant then submitted that the transfer order does not contain reasons. This argument is also based on a misconception. A transfer order is a purely administrative order and not a judicial or quasi judicial order. Hence no reasons need be given for passing a transfer order. The writ appeal is dismissed. W.A.M.P. No. 2330 of 2005 is dismissed.