Madras High Court
The Vice Chancellor vs A.Veeramani on 30 October, 2023
W.A.(MD)No.1871 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD)No.1871 of 2023
and
C.M.P.(MD)No.14565 of 2023
1.The Vice Chancellor,
Tamil Nadu Agricultural University,
Coimbatore-641 003, Coimbatore District.
2.The Registrar,
Tamil Nadu Agricultural University,
Coimbatore-641 003, Coimbatore District. ... Appellants
Vs.
1.A.Veeramani
2.Babu ...Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
the order passed in W.P.(MD)No.15236 of 2023, dated 05.09.2023 on the file of
this Court.
For Appellants : Mr.A.Thirumurthy
For R1 : Mr.A.D.Ganeshamoorthi
1/7
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1871 of 2023
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
This Writ Appeal has been instituted by the Tamil Nadu Agricultural
University challenging the order dated 05.09.2023 passed in W.P.(MD)No.15236
of 2023.
2.The 1st respondent, who was holding the post of Professor in
Agronomy and Nodal Officer, has instituted the Writ proceedings challenging the
order of the administrative transfer dated 20.06.2023.
3.The governing legal principles in the matter of transfer of employees
are well settled by the Constitutional Courts across the Country. No status can be
claimed by the public servants in any post. Transfer is an incidental to service,
more so, a condition of service. Thus, the Writ proceedings against the order of
transfers are to be entertained only if such transfers are issued by the authority
having no jurisdiction or tainted with the allegations of mala fide. In all other
circumstances, an employee is liable to be transferred on administrative grounds or
any other grounds for the betterment of public administration.
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W.A.(MD)No.1871 of 2023
4.In the present case, the 1st respondent, who was holding the post of
Professor and Nodal Officer at Chettinad, was transferred to Agricultural College
and Research Institute, Madurai in the existing vacancy. Such an order of transfer
was issued by the appellants on administrative grounds, which cannot be
interfered with by the Courts by exercising the power of judicial review under
Article 226 of Constitution of India.
5.The main ground raised by the 1st respondent before the Writ Court
was that the impugned order of transfer dated 20.06.2023 was issued by the
Registrar without approval of the Vice Chancellor and therefore, the said transfer
order is violative of Section 7(2)(d) of the Statute of ASR Chapter III of the Tamil
Nadu Agricultural University Act, 1971. In this context, the 1 st respondent
presented his case before the learned Single Judge as if there was no approval
from the Vice Chancellor and thus, the order of the transfer issued by the Registrar
is non est in law. The learned Single Judge though recorded that the files are
verified, not noted down the fact that originally approval was granted by the Vice
Chancellor for the issuance of transfer order transferring the 1st respondent from
Chettinad to Madurai.
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W.A.(MD)No.1871 of 2023
6.The learned counsel appearing for the appellants submitted the original
file relating to the transfer order, which we have verified and found that the
Deputy Registrar (Administration), Registrar and Vice Chancellor of University
have signed the transfer orders issued for five persons working in the cadre of
Professor and Nodal Officer, Assistant Professor, Special Officer, Associate
Professor. Therefore, the order of transfer issued to the 1st respondent was not an
isolated one but a combined transfer order issued to five persons working in
various cadres and therefore, we could able to draw an inference that the order of
transfer was issued on administrative grounds and for better administration.
7.The learned counsel appearing for the 1st respondent reiterated the
grounds raised before the Writ Court that the Registrar of the University has
independently passed the transfer order in violation of the statutes and there was
no approval from the Vice Chancellor of the University and the learned Single
Judge also recorded the same. That being the factum, this Writ Appeal is to be
rejected.
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W.A.(MD)No.1871 of 2023
8.The learned counsel appearing for the appellants by producing the
original files emphasized that factual aspects regarding the approval of the transfer
order by the Vice Chancellor of the University were not considered by the learned
Single Judge by mistake and therefore, the Writ Appeal is to be considered.
9.The appeal on hand is a case of simple administrative transfer. The 1 st
respondent was transferred from Chettinad to Madurai, which is not far of place.
The 1st respondent is working in the cadre of Professor and that being the factum
the very institution of the Writ proceedings challenging such administrative order
cannot be appreciated by us. Teaching is a noble profession. The Professors in
Agricultural University are playing vital role and imparting education to the
students studying professional courses and their service are required as per the
needs of the University. Thus, the transfer order challenged without even
ascertaining the fact that the Vice Chancellor of the University has approved the
transfer order is not entertainable.
10.In view of the facts and circumstances, we have no hesitation in
arriving at a conclusion that the learned Single Judge proceeded with the facts,
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W.A.(MD)No.1871 of 2023
which is running counter to the original files. Thus, this Writ Appeal is to be
considered. Accordingly, the order dated 05.09.2023 passed in
W.P.(MD)No.15236 of 2023 is set aside and this Writ Appeal stands allowed. No
costs. Consequently, connected miscellaneous petition is closed.
(S.M.S., J.) & (V.L.N., J.)
30.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1871 of 2023
S.M.SUBRAMANIAM, J.
AND
V.LAKSHMINARAYANAN, J.
Yuva
W.A.(MD)No.1871 of 2023
30.10.2023
https://www.mhc.tn.gov.in/judis
