Court orders to halt transfer until completion of service period, warns against challenges post-service. The court directed to keep the transfer order in abeyance until the petitioner completed the mandatory two years of service as a Commercial Tax Officer in ...
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Court orders to halt transfer until completion of service period, warns against challenges post-service.
The court directed to keep the transfer order in abeyance until the petitioner completed the mandatory two years of service as a Commercial Tax Officer in the assessment Circle. The petitioner was instructed to be posted at a specific circle within seven days after completing the required service period. The court warned against seeking further extensions or challenging the transfer order post the completion of the service period. The writ petition was disposed of without costs, and the connected Miscellaneous Petition was closed.
Issues: Challenge of transfer order before completion of mandatory assessment service for promotion to Assistant Commissioner of Commercial Taxes.
Analysis: The petitioner challenged a transfer order from Musiri Circle to Pudukottai to take charge as a Commercial Tax Officer before completing the mandatory two years of assessment service required for promotion to Assistant Commissioner of Commercial Taxes. The petitioner argued that the transfer would hinder his promotion opportunity as he needed three more months to fulfill the mandatory service period. The petitioner filed an affidavit undertaking to go to Pudukottai after completing the two years of service at Musiri Circle in the assessment field. The Court directed the Government Pleader to verify vacancies in the Musiri Circle.
A report was submitted indicating four vacancies for Commercial Tax Officers in Trichy Commercial Tax Division, with one vacancy at Jeyankondam Circle where the petitioner was willing to work. The petitioner's counsel referred to a relevant Government Order stating the requirement of two years of service as a Commercial Tax Officer engaged in assessment work for promotion to Assistant Commissioner, which was not disputed. The petitioner had already served almost two years in Musiri Circle in the assessment field, and it was deemed that allowing him to continue in the same field to complete the mandatory assessment period would not prejudice the Department.
Considering these circumstances, the Court directed to keep the transfer order in abeyance until the petitioner completed the two years of service as a Commercial Tax Officer in the assessment Circle. The respondents were instructed to post the petitioner at Jeyankondam circle as a Commercial Tax Officer in the assessment circle within seven days from the date of the order. The petitioner was warned not to seek further extensions or challenge the transfer order once he completed the required two years of service.
With these directions, the writ petition was disposed of without costs, and the connected Miscellaneous Petition was closed.
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