Madras High Court
M.S.Murugesan vs The Commissioner Of Food Safety And Drug ... on 1 August, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.22071 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.08.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.22071 of 2024 and
WMP.Nos.24049 & 24050 of 2024
M.S.Murugesan ... Petitioner
Vs
The Commissioner of Food Safety and Drug Administration,
O/o. the Commissioner of Food Safety and Drug Administration,
DMS Campus, Annasalai,
Chennai 600 006 ..... Respondent
Prayer :
Writ Petition filed under Article 226 of Constitution of India
praying for the issuance of a Writ of Certiorarified Mandamus calling for
the records pertaining to the impugned order of transfer in R.No.3958/
2024/S12/FSD, dated 19.07.2024 on the file of the respondent and quash
the same as illegal and consequently to direct the respondent to frame the
general transfer guidelines and then conduct the transfer counseling if
necessary for transfers among the Food Safety Officers in Tamilnadu
within the time stipulated by this Court.
For Petitioner : Mr.S.Louis
For Respondent : Mrs.M.Sneha,
Special Counsel for Health Department
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.22071 of 2024
ORDER
This writ petition is filed challenging the order of transfer
dated 19.07.2024 on the file of the respondent thereby transferred the
petitioner from Coimbatore District to Villupuram District.
2. The petitioner was appointed as the Sanitary Inspector in the
year 1997 and was posted at Gudiyattam Municipality and came on
transfers to Pollachi, Udumalpet Municipality and Tiruppur City
Municipal Corporation. While he was working as Sanitary Inspector cum
Food Inspector at Tiruppur City Municipal Corporation, he was shifted to
the newly created department called Tamil Nadu State Food Safety and
Drug Administration Department in the cadre of Food Safety Officer and
he was posted at Tiruppur City Municipal Corporation. Then on transfer
in the post of Food Safety Officer, he went to Thogamalai &
Krishnarayapuram Block in Karur District. On 01.07.2018, he was given
transfer to Coimbatore Corporation. From then onwards, he is serving as
the Food Safety Officer in Coimbatore Corporation. Now after period of
nearly six years, the petitioner has been transferred from Coimbatore to
Villupuram District.
3. The learned counsel appearing for the petitioner would
https://www.mhc.tn.gov.in/judis
submit that without framing any Scheme or Rules, all of sudden, the
petitioner has been transferred from Coimbatore to Villupuram. The
respondent failed to frame any Rules so far for the Tamilnadu Food
Safety and Drug Administration Department. Without even conducting
any counselling, mechanically the petitioner has been transferred to other
District. He also relied upon the judgment of the Madurai Bench of this
Court rendered in WP(MD).Nos.16941 to 16948 of 2024 dated
23.07.2024, in which this Court held that the Government vide GO.No.10
Personnel and Administrative Reforms (Per.S) Department dated
07.01.1997 have issued guidelines regarding transfer policy. As per the
said policy, the transfer shall be made on completion of three years of
service in the same station. When such is the case, if any Officers is
disturbed within the said tenure, there should be some scheme or method
for making such transfers. Therefore, the learned counsel submitted that
there should be some scheme or method to be adopted for effecting such
transfers for rationalising the services of the officers.
4. The learned Special Counsel for Health Department
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appearing for the respondent submitted that after completion of 6 years of
service, the petitioner has been transferred to other district. Therefore, the
guidelines issued with regards to the transfer policy in GO.No.10
Personnel and Administrative Reforms (Per.S) Department dated
07.01.1997 has been followed and accordingly, the petitioner has been
transferred to other district. As such, the above judgment is not applicable
to the case on hand.
5. On perusal of records, it is found that the petitioner was
appointed as Sanitary Inspector in the year 1997 and was posted at
Gudiyattam Municipality. Subsequently, he was transferred to various
places. From 01.07.2018, he is serving as Food Safety Officer in
Coimbatore Corporation. Now after period of nearly six years, the
petitioner has been transferred from Coimbatore to Villupuram District.
Therefore, the respondent strictly followed the guidelines issued as per
GO.No.10 Personnel and Administrative Reforms (Per.S) Department
dated 07.01.1997. Hence, the petitioner was not disturbed before three
years of his tenure.
6. In view of the above, the judgment cited by the learned
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counsel for the petitioner is not helpful to the case on hand. That apart,
transfer is one of the conditions of service and as such, this Court finds
no infirmity or illegality in the order of transfer passed by the respondent.
As such, this writ petition is devoid of merits and liable to be dismissed.
7. Accordingly, this writ petition is dismissed. Consequently,
connected miscellaneous petitions are closed. There shall be no order as
to costs.
01.08.2024
Neutral citation: Yes/No (1/9)
Index: Yes/No
Speaking/Non-speaking order
lok
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G.K.ILANTHIRAIYAN, J.
lok
To
The Commissioner of Food Safety and Drug Administration,
O/o. the Commissioner of Food Safety and Drug Administration,
DMS Campus, Annasalai,
Chennai 600 006
01.08.2024
(1/9)
https://www.mhc.tn.gov.in/judis
