Madras High Court
WA/3532/2023 of THE COMMISSIONER OF LABOUR Vs P.Ramesh on 1 September 2026
WA No. 3532 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-09-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA No. 3532 of 2023
1. The Commissioner Of Labour
O/o. The Commissioner of Labour,
Chennai 06.
2. The Additional Commissioner Of Labour Madurai Region, Ellis Nagar, Madurai.
3. The Assistant Commissioner Of Labour
Ramanathapuram District,
Office at Vivekanantha Street,
Ramanathapuram.
..Appellant(s)
Vs
P.Ramesh
S/o. Palraj, No. 3 / 2913, North Street, Pattinamkathan, Ramanathapuram Distirct.
..Respondent(s)
Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 24.08.2021 made in WP.No.17606 of 2021 and allow this Writ appeal.
For Appellant(s):
Mr.K.Rajesh,
Government Advocate
For Respondent(s):
No Appearance
WA No. 3532 of 2023
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JUDGMENT
(Judgment of the Court was delivered by S.M.Subramaniam J.) The present intra-court appeal has been instituted by Commissioner of Labour challenging the writ order dated 24.08.2021 passed in W.P.No.17606 of 2001.
2. Respondent filed a writ petition seeking transfer from the post of Record Clerk to Stamping Smith and to place him in the office of the 3rd respondent at Ramanathapuram.
3. Appellant herein contended before the Writ Court that, in the absence of provisions to transfer the Record Clerk in any other jurisdiction, the request of the respondent herein cannot be entertained. However, Writ Court considered certain family problems raised by the respondent and directed the appellant to consider the case of the respondent to transfer him from the post of Record Clerk to Stamping Smith.
4. Such discretionary orders affecting the administrative affairs of the Government department is not desirable. Transfer cannot be claim as a matter of right by an employee. Respondent made a request to transfer him from the post of Record Clerk to Stamping Smith in the absence of any provisions. Therefore, application was not entertained by the department. When there is no provision to transfer a Record Clerk to the post of Stamping Smith, the very
WA No. 3532 of 2023
submission of application itself is not entertainable.
5. That apart, it is an administrative affair of the department, and the High Court in exercise of the powers of judicial review is not expected to interfere with the routine administration of Government department. Transfer is a condition of service. In the present case, transfer is requested from one post to another post in the absence of any provisions. Thus, the writ order is running counter to the established principles of service jurisprudence.
6. Consequently, the writ order dated 24.08.2021 in W.P.No.17606 of 2021 is set aside, and the Writ Appeal stands allowed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.G.R.,J.) 01-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD
WA No. 3532 of 2023
S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. GD WA No. 3532 of 2023 01-09-2026