MADURAI: Observing that transfer is a condition of service and that government employees cannot demand work in a particular posting or place, the Madurai Bench of the Madras High Court stated that the Court should restrain from entertaining petitions challenging administrative transfer orders.
Justice S M Subramaniam made the observation while dismissing a petition filed by a library assistant from Theni, who was transferred to Chennai in the office of Director of Public Libraries for administrative reasons but obtained a stay against the same and continued in the same post for more than eight years.
He further directed the government to transfer the petitioner within four weeks.
The judge opined, “Transfer is incidental to service, more so a condition of service. Any post or place can never be claimed as a matter of choice by the employee. High Court should exercise restraint from entertaining the writ petitions filed challenging the administrative orders of transfer.”
‘Adhere to circular’
Pointing out an order passed by the Principal Seat in September 2018 to avoid pendency of cases, directing the Registrar General of the Court to implement Rule 3A of the Rules to Regulate Proceedings and the subsequent circular issued by the Registrar General to the High Court Bench, the judge noted that no effective steps have been taken by the Registry of the HC Bench to implement the same. If this persists, the confidence in the minds of the litigants regarding the judicial functions would be shaken, the judge stated and directed the Registry to adhere to the order.