High CourtsDivision Bench(2005) 07 MAD CK 0080

Palanisamy vs The General Manager, Tamil Nadu State Transport Corporation Limited, Division No. I

Madras High Court · Decided on 5 July 2005 · Citation: (2005) 4 LW 604

HON’BLE JUDGES
Markandey Katju, C.J · F.M. Ibrahim Kalifulla, J
RESULT
Dismissed
CASE NUMBER
Writ Appeal No. 1279 of 2005

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

11 paragraphs · 230 words

Markandey Katju, C.J.—This writ appeal has been filed against the impugned order of the learned single Judge dated 16.3.2005 passed in

Writ Petition No. 8671 of 2005.

2.

The learned single Judge has rightly held that transfer is an incidence of service and hence this Court cannot interfere.

3.

The learned single Judge has however directed that the transfer order shall not be given effect to till the end of the academic year viz. 31.5.2005

since the petitioner''s two children are studying in Class IX in a school at Valparai. In our opinion, the learned single Judge was not justified in

passing such an order. Almost every one has children and if such kind of request is entertained no transfer order can ever be passed. Every

transfer order causes some hardship but if one wants to remain in service he has to obey the transfer order as a transfer order is a purely

administrative order, and is not a punishment. Transfer is an ordinary exigency of service.

4.

Learned counsel for the appellant then submitted that the transfer order does not contain reasons. This argument is also based on a

misconception. A transfer order is a purely administrative order and not a judicial or quasi judicial order. Hence no reasons need be given for

passing a transfer order. The writ appeal is dismissed. W.A.M.P. No. 2330 of 2005 is dismissed.