M.Sankar v. The Additional Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2023
CORAM:
The HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.Nos.195 & 196 of 2023 M.Sankar .. Petitioner vs 1.The Additional Secretary to Government, Adi-Dravidar and Tribal Welfare Department, Fort St.George, Chennai - 6.
2.The Director of Adi-Dravidar Welfare, Chepauk, Chennai - 5.
3.The District Adi-Dravidar and Tribal Welfare Officer, Dharmapuri District, Dharmapuri.
.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records pertaining to the proceedings of the second respondent in Na.Ka.O3/34498/2022 dated 26/12/2022 and the consequential orders of the third respondent Na.Ka.13183/2022/Ko2 dated 27.12.2022 and quash the same and direct the respondents to continue the petitioner in the post of 'Warden' at Dharmapuri District with all monetary benefits.
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For Petitioner :
Mr.S.Kamadevan For Respondents :
Mr.R.U.Dinesh Rajkumar Additional Government Pleader for R1 to R3
ORDER
1.
The grievance of the petitioner in this writ petition is that he has been arbitrarily and illegally transferred under the impugned order, despite the fact that he has submitted an explanation to the alleged irregularities pointed out by the respondents. According to him, only on administrative exigencies, the respondents can transfer the petitioner. However, as a punishment, the respondents have passed the impugned transfer order.
2. The petitioner also claims that he will lose his seniority, if he is transferred from Dharmapuri to Thirupatthur.
3. At this stage, this Court, based on the available records and after hearing the submissions made by the learned Additional Government Pleader appearing for the respondents, cannot interfere with the impugned transfer order. The same was also expressed to the learned counsel for the petitioner, who would now submit that the 2/5
petitioner will be satisfied if the representation of the petitioner dated 29.12.2022, seeking for revocation of the impugned transfer order is considered on merits and in accordance with law by the respondents. No prejudice would be caused to the respondents, if such a direction is issued by this Court.
4. Heard Mr.S.Kamadevan, learned counsel for the petitioner and Mr.R.U.Dinesh Rajkumar, learned Additional Government Pleader who accepts notice on behalf of the respondents.
5. This Court is not expressing any opinion on the merits of the petitioner's representation.
6. For the foregoing reasons, this Court directs the first respondent to pass final orders on merits and in accordance with law, on the petitioner's representation dated 29.12.2022, seeking for revocation of the impugned transfer order dated 27.12.2022, within a period of four weeks from the date of receipt of a copy of this order. 3/5
7. With the aforementioned directions, this writ petition is disposed of. No Costs. Consequently, connected miscellaneous petitions are closed.
06.01.2023 Index:Yes/No ssm To 1.The Additional Secretary to Government, Adi-Dravidar and Tribal Welfare Department, Fort St.George, Chennai - 6.
2.The Director of Adi-Dravidar Welfare, Chepauk, Chennai - 5.
3.The District Adi-Dravidar and Tribal Welfare Officer, Dharmapuri District, Dharmapuri.
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ABDUL QUDDHOSE,J.
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