Madras High Court
M.Vijayakumar vs The Commissioner Of Food Safety And Drug ... on 1 August, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.22079 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.22079 of 2024 and
WMP.Nos.24061 & 24062 of 2024
M.Vijayakumar ... 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
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https://www.mhc.tn.gov.in/judis
W.P.No.22079 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 Tiruppur District to Thiruvannamalai District.
2. The petitioner was appointed as Sanitary Inspector in the
year 2008 and was posted at Uthiramerur Town Panchayat,
Kancheepuram District and from the year 2012, 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 Chengalpattu Municipality. Then on transfer in the post of
Food Safety Officer, he went to Madhukarai Block in Coimbatore
District. On 01.07.2019, he was given transfer to Udumalaipettai
Municipality. From then onwards, he is serving as Food Safety Officer in
Udumalaipettai Municipality, Tiruppur District. Now after period of
nearly five years, the petitioner has been transferred from Tiruppur
District to Thiruvannamalai District.
3. The learned counsel appearing for the petitioner would
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submit that without framing any Scheme or Rules, all of sudden, the
petitioner has been transferred from Tiruppur District to Thiruvannamalai
District. 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
appearing for the respondent submitted that after completion of 5 years of
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service in the present place, 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 2008 and was posted at
Uthiramerur Town Panchayat, Kancheepuram District. Subsequently, he
was transferred to various places. From 01.07.2019, he is serving as Food
Safety Officer in Udumalaipettai Municipality. Now after period of nearly
five years, the petitioner has been transferred from Tiruppur District to
Thiruvannamalai 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
counsel for the petitioner is not helpful to the case on hand. That apart,
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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 (9/9)
Index: Yes/No
Speaking/Non-speaking order
lok
G.K.ILANTHIRAIYAN, J.
https://www.mhc.tn.gov.in/judis
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
(9/9)
https://www.mhc.tn.gov.in/judis
