BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23/06/2008
CORAM
THE HONOURABLE MR.JUSTICE S.J.MUKHOPADHAYA
AND
THE HONOURABLE MR.JUSTICE M.VENUGOPAL
W.A (MD) No.540 OF 2007
1.K.Subbiah
2.M.Chellam
3.S.Kanagaraj
4.M.Bose
5.A.Ganesan
6.M.Palanichamy
7.S.Rani
8.A.Balyu
9.Sonaichamy
10.Molaiyan
11.K.Amachi
12.P.Rajockianm
13.S.Manikandan
14.V.Surulirajan
15.A.Selvam
16.Dinakarsamy
17.K.Latcham
18.Sadiq Batcha
19.Sundar Raj
20.A.Karuppachamy
21.S.Thevar
22.S.Thangapandian
23.A.Mayee .. Appellants
Vs
1.The Principal Chief Conservator
of Forests
No.1, Jennis Road,
Panagal Building,
Saidapet, Chennai - 600 015.
2.The Conservator of Forest
Madurai,
Madurai District.
3.The Divisional Forest Officer
Varusanadu Soil Conservation
Division,
Theni, Theni District. .. Respondents
Appeal filed under Clause 15 of the Letters Patent, against the order of
the learned Single Judge of this Court in W.P(MD)No.3350 of 2007 dated
11.04.2007.
!For Appellants ... Mr.A.Sivaraman
^For Respondents... Mr.R.Janakiramulu, Spl. G.P.
:ORDER
(ORDER OF THE COURT WAS MADE BY S.J.MUKHOPADHAYA, J.)
The petitioners having transferred from Varusanadu Soil Conservation
Division, Theni, Madurai Circle to other circles namely, Madurai, Virudhunagar,
Trichy, Dindigul and Tirunelveli, challenged the order of transfer dated
28.03.2007, wherein the learned Single Judge by his order dated 11.04.2007 after
noticing the contentions, dismissed the Writ Petition.
2. The only stand taken on behalf of the petitioners is that the
petitioners were not paid salary for certain period i.e. from April 2006 to
November 2006 initially. Subsequently, on diversion of fund, they were paid
salary. The conservator of Forests, Madurai Division, passed a letter on
05.12.2006 and sought for clarification in this regard, whether the salary can
be paid from the other fund. Subsequent to this, by the proceedings dated
09.11.2006, the Principal Chief Conservator of Forests, Chennai, passed an
order, transferring the petitioners to other Division.
3. A stand taken on behalf of the petitioners is that the reason for
transfer is because of non allotment of funds and according to the petitioners,
it is unsustainable since the petitioner have paid from other funds.
4. We have heard the learned counsel for the parties and noticed the
contentions.
5. Transfer is a condition of service and no one has any right to continue
at one or other place according to choice. In this background, if learned
single Judge refused to interfere with the order of the transfer, we find no
ground to interfere with the same. So far as posting again in any post within
the Madurai Circle on the ground that they have not been paid salary in the
transferred circle is concerned, we are not inclined to express any opinion in
this regard though it will be open to the petitioners to represent the matter
before the competent authority for grant salary against the posts they are
holding or to transfer them to one or other circles/Divisions, where there is a
vacancy.
6. The Writ Petition stands disposed of with aforesaid observations.
There shall be no order as to the costs.
arul/gln
To
1.The Principal Chief Conservator
of Forests
No.1, Jennis Road,
Panagal Building, Saidaper,
Chennai – 600 015.
2.The Conservator of Forest
Madurai,
Madurai District.
3.The Divisional Forest Officer
Varusanadu Soil Conservation
Division,
Theni, Theni District.