S.Ramesh v. Tamil Nadu State Transport Corporation Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.03.2022

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.504 OF 2020 S.Ramesh ... Petitioner vs.

1. Tamil Nadu State Transport Corporation Ltd., Rep. by its Managing Director, Nagapattinam Division, 27, Railway Station New Road, Kumbakonam - 612 001.

2. The Junior Engineer, Tamil Nadu State Transport Corporation Ltd., Chidambaram Branch, Nagapattinam Region, Nagapattinam District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to transfer the petitioner from Vedharanyam to Chidambaram by considering his representation dated 19.09.2019.

For Petitioner :

Mr.M.Sridhar For Respondents :

Mr.A.Sundaravadhanan Standing Counsel

O R D E R

By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed for issuance of a Writ of Mandamus, to direct the respondents to transfer the petitioner from Vedharanyam to Chidambaram by considering his representation dated 19.09.2019.

3. The case of the petitioner in brief:

The petitioner is working as Conductor under the respondent Corporation and he was suspended from service on 06.06.2019 due to the departmental action initiated against the petitioner. Thereafter, the petitioner submitted his explanation to the 1st respondent to withdraw the suspension order. Subsequently, the 1st respondent without considering the explanation of the petitioner, transferred him from Chidambaram to Vedaranyam. Therefore, the petitioner made several representations to the 1st respondent to transfer him from Vedaranyam to Chidambaram and again, the petitioner made a representation on 19.09.2019 and the said representation is still pending. Hence, the petitioner has filed this petition before this Court.

4. A counter has been filed by the 1st respondent, in which it is stated that the petitioner was transferred only on administrative reason and the aforesaid transfer from Chidambaram to Vedharanyam is within the region of Nagapattinam.

5. The learned counsel appearing for the petitioner would submit that the petitioner made a representation on 19.09.2019 to reconsider the transfer order passed by the respondent Corporation and the said representation is still pending without passing any order.

6. Inview of the above submissions and also considering the limited scope of prayer, without expressing any opinion on merits, this Court is inclined to direct the 1st respondent to consider the representation of the petitioner dated 19.09.2019, and pass orders on its own merits, in accordance with law, as expeditiously as possible, within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar uma

To

1. The Managing Director, Tamil Nadu State Transport Corporation Ltd., Nagapattinam Division, 27, Railway Station New Road, Kumbakonam - 612 001.

2. The Junior Engineer, Tamil Nadu State Transport Corporation Ltd., Chidambaram Branch, Nagapattinam Region, Nagapattinam District.

+1cc to Mr.M.Sridhar, Advocate, S.R.No.21646 +1cc to Mr.A.Sundaravadhanan, Advocate, S.R.No.21972 W.P.No.504 of 2020 SVI(CO) RLP(13/04/2022)