C.Rajesh v. The Commissioner Of Treasuries And Accounts (Fac)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and W.M.P.Nos.1513 and 1514 of 2025 C.Rajesh ... Petitioner Vs.

1. The Commissioner of Treasuries and Accounts (FAC), 3rd Floor, Perasiriyar K.Anbazhagan Maaligai, No.571, Anna Salai, Nandanam, Chennai - 600035.

2. The District Collector, Collectorate, Villupuram.

3. The Project Director, District Rural Development Agency, Collectorate, Kallakurichi - 606 202.

4. The Assistant Commissioner of Labour (SSS), Plot No.6/12, Arumugam Lay Out, 1st Street, Kanyakulam Road, Villupuram - 605 602.

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5. C.Datchinamoorthy, Personal Assistant (Accounts) to the Collector, Villupuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the entire records connected with the impugned order in proceedings in Proc.Rc.No.1217/2023/A2/TP-37 dated 31.12.2024 and quash the same insofar as it concerns the cancellation of the transfer of the petitioner from the Kallakurichi to Villupuram and consequently, direct the first respondent to transfer the petitioner to Villupuram as per his order in Proc.Rc.No.1217/2023/A2/TP-37 dated 27.12.2024. For Petitioner : Mr.C.Rajaguru For Respondents : Mr.R.U.Dinesh Raj Kumar, Additional Government Pleader (for R1 to R4) No appearance (for R5) *****

O R D E R

The instant writ petition has been filed challenging the impugned order dated 31.12.2024 passed by the first respondent by and in which the petitioner was posted to Kallakurichi District. 2/6

2. The learned counsel for the petitioner would submit that he has suffered a paralytic stroke and has been under medical treatment. It is the further submission of the learned counsel for the petitioner that, since he is posted in Kallakurichi District, the petitioner finds it difficult to maintain himself, as his family is settled in Villupuram. Apart from that, it is the submission of the learned counsel for the petitioner that the fifth respondent, who was originally posted at Villupuram, was again transferred and posted at Villupuram, whereas such treatment was not given to the petitioner. Hence, he prayed to interfere with the same.

3. Per contra, the learned Government Advocate appearing for the respondents would submit that the fifth respondent suffers from congenital vision impairment (having vision in only one eye, which had further deteriorated due to his diabetic condition). Taking into consideration such a serious medical condition, he was considered for posting at Villupuram. Apart from that, the transfer order was issued to the petitioner on administrative grounds, for which the petitioner cannot have any grievance. 3/6

4. I have given my anxious consideration to the submissions made by either side.

5. It is pertinent to refer to the fact that the instant transfer was issued only on administrative grounds. The only ground urged by the petitioner is the medical ground. It is a well-settled principle of law that whenever any transfer order is passed, it is for the authority to reconsider the same upon certain grievances expressed by the employees. The Court, while sitting under Article 226 of the Constitution of India, cannot micromanage the administration of the Government. In the case in hand, it appears that the petitioner has already sent a representation dated 19.09.2024 to the first respondent, seeking to relinquish his promotional rights, and such representation is pending with the first respondent.

6. Though this Court does not find any merit in the instant Writ Petition, it would like to direct the first respondent to consider the petitioner's representation dated 19.09.2024, and pass orders on its own merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

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7. With the above directions, this Writ Petition is dismissed with the above directions. Consequently, the connected Miscellaneous Petitions are closed. No costs.

09.07.2025 kv Index : Yes/No Speaking order /Non Speaking Order To

1. The Commissioner of Treasuries and Accounts (FAC), 3rd Floor, Perasiriyar K.Anbazhagan Maaligai, No.571, Anna Salai, Nandanam, Chennai - 600035.

2. The District Collector, Collectorate, Villupuram.

3. The Project Director, District Rural Development Agency, Collectorate, Kallakurichi - 606 202.

4. The Assistant Commissioner of Labour (SSS), Plot No.6/12, Arumugam Lay Out, 1st Street, Kanyakulam Road, Villupuram - 605 602.

5. The Personal Assistant (Accounts) to the Collector, Villupuram District.

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C.KUMARAPPAN, J.

kv 09.07.2025 6/6