N.Mahesh Desai v. The Principal Chief Conservator of Forests

Judgment (Judgment of the Court was delivered by S.M.Subramaniam J.) The present intra court appeal has been instituted challenging the writ order dated 02.06.2026 passed in W.P.No.18078 of 2026.

¶2The writ petitioner is the appellant. He filed the writ petition challenging the administrative transfer order dated 09.01.2026, transferring the appellant from Nilgiris to Vellore circle. The Writ Court considered the scope of the guidelines issued by the Government on transfers in G.O.Ms.No.10, Personnel and Administrative Reforms Department dated

07.01.1994 and dismissed the writ petition. Learned counsel for the appellant would contend that, based on a complaint preferred by the appellant against some officials, he was transferred from Nilgiris to Vellore.

¶3Be that as it may. Transfer is an incidence of service. Administrative transfer per se would not provide a cause of action for instituting writ proceedings. The High Court is not expected to interfere with the day-to-day administration of the Government departments. Place and post can never be the choice of an employee. The competent authority is empowered to place an employee in a post for effective and efficient administration. Unnecessary interference by the High Court would cause prejudice to the cause of public administration. An order of transfer can be challenged only on the grounds of jurisdiction and malafides. Even if malafides is alleged by an employee, such authority on whom such allegation is made, should be impleaded in his personal capacity and such malafides should be proven beyond any pale of doubt.

¶4Learned counsel for the appellant would further contend that the Government issued G.O.Ms.No.10, Personnel and Administrative Reforms Department dated 07.01.1994.

¶5Such transfer guidelines issued by the Government are only to maintain consistency and transparency in administrative transfers and would not have any force of law. When transfer is a condition of service, guidelines cannot be a ground to assail the order of administrative transfers. Guidelines are issued by the Government only for the authorities to follow, but such guidelines would not confer any right on the employee to claim a post or place of his / her choice.

¶6In the present case, the writ court has considered the scope of transfer guidelines as well as the grounds raised by the appellant in the writ petition. The appellant has not raised any semblance of legal right to interfere with the order of administrative transfer. For the aforesaid reasons, the writ appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (K.G.R.,J.) 19-08-2026 Index: Yes Speaking order KST To

¶1The Principal Chief Conservator of Forests (Head of Forest Force) State Forest Head quarters, Guindy-Velachery Main Road, Guindy, Chennai 600 032.

¶2The District Forest Officer Office of the District Forest Officer, Nilgiris District, Udhagamandalam, Tamil Nadu.

¶3The Chief Conservator of Forests, Vellore Circle, Vellore, Tamil Nadu. S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST 19-08-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN WA No. 2433 of 2026 AND CMP NO. 21847 OF 2026,CMP NO. 21498 OF 2026 N.Mahesh Desai Son of Late Mr.Nanjam, No.192, Jail Hill, Nilgiris District, Tamil Nadu 643 221. ..Appellant(s) Vs 1. The Principal Chief Conservator of Forests (Head of Forest Force) State Forest Head quarters, Guindy-Velachery Main Road, Guindy, Chennai 600 032. 2. The District Forest Officer Office of the District Forest Officer, Nilgiris District, Udhagamandalam, Tamil Nadu. 3. The Chief Conservator of Forests, Vellore Circle, Vellore, Tamil Nadu. ..Respondents Prayer : Writ Appeal under Clause XV of the Letters Patent To allow this WA by set aside the order dated 02.06.2026 passed in WP No.18078/2026 For Appellant : S.Arokia Mani Raj For Respondents : Mr.K.Rajesh Government Advocate