Madras High Court
P.Thangavel vs The Commissioner Of Food Safety And Drug ... on 1 August, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.22077 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.22077 of 2024 and
WMP.Nos.24058 & 24059 of 2024
P.Thangavel ... 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.22077 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 the Sanitary Inspector in the
year 2007 and was posted at Cuddalore Municipality and came on
transfer to Pollachi Municipality. While he was working in Pollachi
Municipality, he was posted as Sanitary Inspector cum Food Inspector
and then transferred to Tiruppur Municipality. From the year 2011, 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 Mannachanallur Block in Trichy District. On 29.06.2019, he was given
transfer to Tiruppur City Municipal Corporation. From then onwards, he
is serving as Food Safety Officer in Tiruppur City Municipal Corporation.
Now after period of nearly four 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 4 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 2007 and was posted at
Cuddalore Municipality. Subsequently, he was transferred to various
places. From 29.06.2019, he is serving as Food Safety Officer in Tiruppur
City Municipal Corporation. Now after period of nearly four 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 (2/9)
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
(2/9)
https://www.mhc.tn.gov.in/judis
