D.Ramesh v. The District Manager,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 28.09.2020 PRONOUNCED ON :08.10.2020

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN Writ Petition Nos.905, 906, 1950, 2347, 2351, 2461, 3065, 3347, 3352, 3397, 3402, 3401, 3957, 3964, 3962, 4439, 4446, 4449, 4756, 4938, 5171, 5332, 5493, 5494, 5577, 5635, 5646, 6186, 6187, 6202, 6393, 6817, 6820, 9389, 11581, 11582, 11584, 11764, 11766, 11769, 11772, 11880, 11893, 11891, 11929, 11932, 12069, 12071, 12201, 12202, 12716, 12787, 13550 and 14373 of 2020 and W.M.P.Nos.1090, 1093, 2287, 2744, 2748, 2737, 2855, 3589, 3895, 3884, 3960, 3965, 3967, 3970, 3971, 4698, 4702, 4703, 5263, 5254, 5265, 5618, 5840, 6106, 6277, 6428, 6431, 6532, 6584, 6596, 7269, 7271, 7288, 7289, 7547, 7546, 8119, 8121, 11476, 11477, 14188, 14189, 14190, 14191, 14192, 14193, 14467, 14470, 14463, 14473, 14476, 14478, 14466, 14464, 14593, 14610, 14606, 14596, 14609, 14605, 14649, 14650, 14652, 14653, 14801, 14804, 14939, 14944, 14945, 14938, 15709, 15710, 15795, 15797, 16797, 16798, 17841 & 17842 of 2020 W.P.No.905 of 2020 D.Ramesh ...

Petitioner -VsThe District Manager Tamil Nadu State Marketing Corporation (TASMAC) Limited Kancheepuram North District.

...

Respondent WP NO.906 of 2020 P.SANJEEVI MOORTHY Petitioner Vs THE SENIOR REGIONAL MANAGER, TASMAC Ltd., Salem.

Respondent WP NO.1950 of 2020 P.SELVAKUMAR, Petitioner Vs THE DISTRICT MANAGER/ SUB-COLLECTOR,

TASMAC Limited, Thiruvallur East District, Thiruvallur Thiruvallur Respondent WP NO.2347 of 2020 B.AROKIASELVAM Petitioner Vs THE DISTRICT MANAGER, Sub -Collector, TASMAC Ltd., Thiruvallur East District, Thiruvallur.

Respondent WP NO.2351 of 2020 S.JAGANATHA MOORTHY Petitioner Vs THE SENIOR REGIONAL MANAGER, TASMAC Ltd., Salem.

Respondent WP NO.2461 of 2020 T.RAJENDIRAN Petitioner Vs THE DISTRICT MANAGER, TASMAC Limited, Kancheepuram North District, Kancheepuram Respondent WP NO.3065 of 2020 A.MEGANATHAN Petitioner Vs THE DISTRICT MANAGER TASMAC Ltd., Chennai (South) District Chennai.

Respondent WP NO.3347 of 2020 C.RAMESH Petitioner Vs

THE DISTRICT MANAGER, Sub Collector, TASMAC Ltd., Kancheepuram (South) District.

Kancheepuram.

Respondent WP NO.3352 of 2020 K.MURUGAN Petitioner Vs THE DISTRICT MANAGER, Sub Collector, TASMAC Ltd., Kancheepuram (South) District.

Kancheepuram.

Respondent WP NO.3397 of 2020 M.S.SURESH BABU Petitioner Vs THE SENIOR REGIONAL MANAGEMENT TASMAC Ltd., Chennai Region, Chennai 600 002 Respondent WP NO.3401 of 2020 P.SHANMUGAM Petitioner Vs THE SENIOR REGIONAL MANAGEMENT TASMAC Ltd., Chennai Region, Chennai 600 002 Respondent WP NO.3402 of 2020 P.S.SRINIVASAN Petitioner Vs THE SENIOR REGIONAL MANAGEMENT TASMAC Ltd., Chennai Region, Chennai 600 002 Respondent WP NO.3957 of 2020 P.A.DILLI RAJAN Petitioner Vs THE DISTRICT MANAGER/ SUB COLLECTOR, TASMAC Ltd., Tiruvallur (East) District, Tiruvallur Thiruvallur Respondent

WP NO.3962 of 2020 K.PANNEERSELVAM Petitioner Vs THE DISTRICT MANAGER, TASMAC Ltd., Chennai (South) District, Chennai Chennai Respondent WP NO.3964 of 2020 R.LOGANATHAN Petitioner Vs THE DISTRICT MANAGER, TASMAC Ltd., Kancheepuram (North) District, Kancheepuram Respondent WP NO.4439 of 2020 J.RAVI Petitioner Vs THE DISTRICT MANAGER / Sub Collector, TASMAC Ltd, Tiruvallur (East) District, Tiruvallur Respondent WP NO.4446 of 2020 T.DAVID SAM ARULDHAS Petitioner Vs THE DISTRICT MANAGER, TASMAC Ltd, Kancheepuram (North) District, Kancheepuram Respondent WP NO.4449 of 2020 P.MURUGAPERUMAL Petitioner Vs

1. THE SENIOR REGIONAL MANAGER TASMAC Ltd., L.L.A Building No. 735, Anna Salai, Chennai 600 002 2 THE DISTRICT MANAGER TASMAC Ltd, Chennai South Region, No. 84, Industrial Estate, Ambattur, Chennai 600058 Respondents

WP NO.4756 of 2020 C.KUMAR Petitioner Vs THE DISTRICT MANAGER/ SUB COLLECTOR, TASMAC Ltd., Tiruvallur (East) District, Tiruvallur Thiruvallur Respondent WP NO.4938 of 2020 K.C.KUMARAN Petitioner Vs THE DISTRICT MANAGER/ SUB COLLECTOR, TASMAC Ltd., Tiruvallur (East) District, Tiruvallur Respondent WP NO.5171 of 2020 KAMARAJ Petitioner Vs

1. TAMIL NADU STATE MARKETING Corporation Ltd., Represented by its Managing Director, CMDA Tower II, 4th Floor, Gandhi Irwin Bridge Road, Egmore, Chennai 600 008 2 THE SENIOR REGIONAL MANAGER Tamil Nadu State Marketing Corporation Ltd., Salem Region, Salem 3 THE DISTRICT MANAGER Tamil Nadu State Marketing Corporation Ltd., Dharmapuri District 4 THE DISTRICT MANAGER Tamil Nadu State Markethin Corporation Ltd., Thiruvannamalai District Respondents WP NO.5332 of 2020 A.BALASUNDARAM Petitioner Vs THE DISTRICT MANAGER / SUB COLLECTOR, TASMAC Ltd, Tiruvallur (East) District, Tiruvallur Respondent

WP NO.5493 of 2020 R.BABU Petitioner Vs THE DISTRICT MANAGER / SUB COLLECTOR TASMAC Ltd., Tiruvallur (West) District, Tiruvallur.

Respondent WP NO.5494 of 2020 P.PONNUVEL Petitioner Vs THE DISTRICT MANAGER TASMAC Ltd., Kancheepuram (North) District, Kancheepuram.

Respondent WP NO.5577 of 2020 C.GOVINDARAJ Petitioner Vs THE DISTRICT MANAGER/ SUB COLLECTOR, TASMAC Ltd., Tiruvallur (East) District, Tiruvallur Respondent WP NO.5635 of 2020 S.RAMESH Petitioner Vs THE DISTRICT MANAGER / Sub Collector, TASMAC Ltd.

Tiruvallur (East) District, Tiruvallur.

Respondent WP NO.5646 of 2020 A.SIVASANKAR Petitioner Vs THE DISTRICT MANAGER, TASMAC Ltd., Kancheepuram (North) District, Kancheepuram Kancheepuram Respondent WP NO.6186 of 2020 T.S.DEVENDRAN Petitioner Vs

THE DISTRICT MANAGER /Sub Collector, TASMAC Ltd., Tiruvallur (East) District, Tiruvallur .

Respondent WP NO.6187 of 2020 G.BOGI Petitioner Vs THE DISTRICT MANAGER /Sub Collector, TASMAC Ltd., Tiruvallur (East) District, Tiruvallur .

Respondent WP NO.6202 of 2020 R.MUNUSAMY Petitioner Vs THE DISTRICT MANAGER TASMAC Ltd, Chennai (North) District, Chennai Respondent WP NO.6393 of 2020 C.MURUGAN Petitioner Vs THE SENIOR REGIONAL MANAGER TASMAC Ltd., Salem Respondent WP NO.6817 of 2020 E.M.GOPI Petitioner Vs THE DISTRICT MANAGER, Sub Collector,TASMAC Ltd., Tiruvallur (East) District, Tiruvallur.

Respondent WP NO.6820 of 2020 D.RAMESH Petitioner Vs THE DISTRICT MANAGER, Sub Collector,TASMAC Ltd., Tiruvallur (East) District, Tiruvallur. Respondent

WP NO.9389 of 2020 G.MURUGESAN Petitioner Vs THE SUB COLLECTOR/DISTRICT MANAGER Tasmac Ltd.,Kancheepuram (South), Kancheepuram.

Respondent WP NO.11581 of 2020 J.KAMALAKANNAN Petitioner Vs THE SENIOR REGIONAL MANAGER Tasmac Ltd Salem.

Respondent WP NO.11582 of 2020 S.JAGAN Petitioner Vs THE SENIOR REGIONAL MANAGER Tasmac Ltd Salem.

Respondent WP NO.11584 of 2020 K.MURUGAN Petitioner Vs THE SENIOR REGIONAL MANAGER Tasmac Ltd Salem.

Respondent WP NO.11764 of 2020 S.RAJENDRAN Petitioner Vs THE SENIOR REGIONAL MANAGER Tasmac Ltd, Salem Respondent WP NO.11766 of 2020 E.MANOHAR Petitioner Vs THE SENIOR REGIONAL MANAGER Tasmac Ltd, Salem Respondent

WP NO.11769 of 2020 S.SANTHAKUMAR Petitioner Vs THE SENIOR REGIONAL MANAGER Tasmac Ltd, Salem Respondent WP NO.11772 of 2020 S.BALASUBRAMANI Petitioner Vs THE SENIOR REGIONAL MANAGER Tasmac Ltd, Salem Respondent WP NO.11880 of 2020 B.RAMAN Petitioner Vs THE SENIOR REGIONAL MANAGER, TASMAC Limited, Salem. Respondent WP NO.11891 of 2020 K.SRINIVASAN Petitioner Vs THE SENIOR REGIONAL MANAGER TASMAC Limited, Salem. Respondent WP NO.11893 of 2020 K.VENKATESA PERUMAL Petitioner Vs THE SENIOR REGIONAL MANAGER TASMAC Limited, Salem. Respondent WP NO.11929 of 2020 M.KIRUBAGARAN Petitioner Vs

THE DISTRICT MANAGER TASMAC Ltd, Arakonam Dt Respondent WP NO.11932 of 2020 J.KAMALAKANNAN Petitioner Vs THE DISTRICT MANAGER TASMAC Ltd, Arakonam Dt Respondent WP NO.12069 of 2020 G.THANDAVARAYAN Petitioner Vs 1.THE SENIOR REGIONAL MANAGER, Tamilnadu State Marketing Corporation Limited, Salem.

2 THE DISTRICT MANAGER, Tamilnadu State Marketing Corporation Limited, Arakkonam Tasmac District, Sipcot, Ranipet, Ranipet District.

Respondents WP NO.12071 of 2020 K.SAMPATH Salesman, Shop No.11229, TASMAC Retail Vending Shop, Sholinghur, Ranipet District.

Petitioner Vs 1.THE SENIOR REGIONAL MANAGER Tamilnadu State Marketing Corporation Limited, Salem. 2 THE DISTRICT MANAGER, Tamilnadu State Marketing Corporation Limited, Arakkonam Tasmac District, Sipcot, Ranipet, Ranipet District.

Respondents WP NO.12201 of 2020 S.MUNUSAMY Petitioner Vs

THE SENIOR REGIONAL MANAGER Tasmac Ltd, Salem Respondent WP NO.12202 of 2020 S.SIVALINGAM Petitioner Vs THE SENIOR REGIONAL MANAGER Tasmac Ltd, Salem Respondent WP NO.12716 of 2020 C.DASAPPAN Petitioner Vs THE SENIOR REGIONAL MANAGER, Tasmac Limited, Salem.

Respondent WP NO.12787 of 2020 S.K.SERALATHAN Petitioner Vs THE DISTRICT MANAGER /SUB COLLECTOR Tasmac Ltd, Thiruvallur (EAST) DISTRICT Respondent WP NO.13550 of 2020 E.MUTHUKUMAR Petitioner Vs THE DISTRICT MANAGER TASMAC Ltd, Kancheepuram (South), Kancheepuram Respondent WP NO.14373 of 2020 D.SIVANESAN Petitioner Vs THE SENIOR REGIONAL MANAGER TASMAC Ltd., Chennai Region, Chennai Respondent

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records on the file of the respondent in Ref. Na.Ka.No.006/A1/ MRP - Post /2019 Date 23/12/2019 and quash the same.

Prayer in WP NO.906 of 2020 : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari to call for the records on the file of the respondent in Ref. Ch.Mu.No.30/2018 /E date 29/11/2019 ( Received 30/12/2019) and quash the same.

Prayer in WP NO.1950 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari to call for the records on the file of the respondent in Ref. Say.Mu.Ka.No. A1/ 2320/ 2019, dated 26.12.2019 (received on 21.01.2020) and quash the same Prayer in WP NO.2347 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari to Call for the records on the file of the respondent in Ref.Se.Mu.Ka.No.A1/2300 /2019 Dated 26/12/2019 (Received on 28/01/2020)and quash the same.

Prayer in WP NO.2351 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari to Call for the records on the file of the respondent in Ref.Se.Mu.Ka.No.130/2018 /E Dated 29/11/2019 (Received on 28/01/2020)and quash the same.

Prayer in WP NO.2461 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari to call for the records on the file of the respondent in Ref. Na. Ka. No. 006/ A1/ MRP - Post / 2019, dated 23.12.2019 (received on 29.1.2020) and quash the same and pass suitable orders Prayer in WP NO.3065 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari to Call for the records on the file of the respondent in Ref.Na.Ka. No.A1 /119/2020 dated: 30.01.2020 and quash the same.

Prayer in WP NO.3347 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari to Call for the records on the file of the respondent in Na.Ka.No.02/A1/2020 dated 07/01/2020 and quash the same.

Prayer in WP NO.3352 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari to Call for the records on the file of the respondent in Na.Ka.No.117/A1/2020 dated 23/01/2020 and quash the same.

Prayer in WP NO.3397 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari to call for the records on the file of the respondent in Ref. No Na.Ka.No. A1 / 001 / 2019 Dated 22.01.2020 and quash the same Prayer in WP NO.3401 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari to Call for the records on the file of the respondent in Ref. No Na.Ka.No. A1 / 001 / 2019 Dated 22.01.2020 and quash the same Prayer in WP NO.3402 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari to Call for the records on the file of the respondent in Ref. No Na.Ka.No. A1 / 001 / 2019 Dated 22.01.2020 and quash the same Prayer in WP NO.

3957 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari to call for the records on the file of the respondent in Ref.Se.Mu.Ka.No. A-1/ 0094/ 2020 dated 04.02.2020 (received 10.02.2020) and quash the same and pass suitable orders Prayer in WP NO.3962 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari to call for the records on the file of the respondent in Ref.Na.Ka.No. A-1/ 119/ 2020 dated 30.01.2020 (received 11.02.2020) and quash the same and pass suitable orders Prayer in WP NO.3964 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari to call for the records on the file of the respondent in Ref.Na.Ka.No.

020/ A1/ 4114/ MRP/ 2020, dated 21.01.2020 (received 07.02.2020) and quash the same and pass suitable orders Prayer in WP NO.4439 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari to call for the records on the file of the respondent in Ref. Che. Mu. Ka. No. A1/ 2014/ 2019 dated 20.1.2020 (received 17.2.

Prayer in WP NO.4446 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari to call for the records on the file of the respondent in Ref. Na. Ka. No. 006/ A1/ MRP-POST 2020 dated 14.2.2020 and quash the same and pass suitable orders Prayer in WP NO.4449 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari Calling for the records of the 2nd Respondent in Na.Ka.No. 1 / 119 / 2020 dated 30.01.2020 and quash the same, consequently direct the 2nd respondent to allow the petitioner to work as Additional Shop Supervisor in the Shop No. 641 Prayer in WP NO.

4756 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records on the file of the respondent in Ref. Se.Mu.Ka.No. A-1/ 2014/ 2019 dated 20.01.2020 (received 14.02.2020) and quash the same and pass suitable orders Prayer in WP NO.4938 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records on the file of the respondent in Ref.Se.Mu.Ka.No. A-1/ 0185/ 2020 dated 18.02.2020 and quash the same Prayer in WP NO.5171 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records pertaining to the memorandum issued to the petitioner in Na.Ka.No. R.V. 2 / 168 / 2020 dated 02.

2020 by the 4th respondent and quash the same Prayer in WP NO.5332 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, To call for the records on the file of the respondent in Ref. Che. Mu. Ka. No. A1/ 0185/ 2020 dated 18.2.2020 and quash the same and pass suitable orders Prayer in WP NO.5493 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records on the file of the respondent in Ref.Se.Mu.Ka.No. A-2/387/2018 dated 31.01.2020 (received on 25.02.2020) and quash the same.

Prayer in WP NO.5494 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records on the file of the respondent in Ref.Na.Ka.No. 006/A1/MRP-Post /2020 dated 14.02.2020 (received on 25.02.2020) and quash the same. Prayer in WP NO.5577 of 2020: Writ Petition filed under Article

226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records on the file of the respondent in Ref. Se.Mu.Ka.No. A-1/ 0185/ 2020 dated 18.02.2020 (received on 25.02.2020) and quash the same and pass suitable orders.

Prayer in WP NO.5635 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records on the file of the respondent in Ref.Se.Mu.Ka.No. A-1/0185/2020 Dated 18.02.2020 (received 28.02.2020) and quash the same.

Prayer in WP NO.5646 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records on the file of the respondent in Ref. Na.Ka.No. 006/ A1/ MRP-POST/ 2020 dated 21.02.2020 and quash the same.

Prayer in WP NO.6186 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records on the file of the respondent in Se.Mu.Ka.No. A1/MRP/2020 dated 25.02.2020 and quash the same.

Prayer in WP NO.6187 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records on the file of the respondent in Ref.Se.Mu.Ka.No. A-1/0095/2019 dated 27.02.2020 and quash the same Prayer in WP NO.6202 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records on the file of the respondent in Ref. Se. Mu.Aa. No.A1/ -- /2020 dated 31.1.2020 and quash the same and pass suitable orders Prayer in WP NO.6393 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to all for the record on the file of the respondent in Se. Mu. No 7 / 2020 A. dated 26.02.2020 Prayer in WP No.6817 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to Call for the records on the file of the respondent in Ref.Che.Mu.Ka.No.Aa1/MRP/2020 Date 25/02/2020 and quash the same.

WP No.6820 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to Call for the records on the file of the

respondent in Ref.Che.Mu.Ka.No.A1/2309/2019 Date 27/02/2020 (Received on 06/03/2020) and quash the same.

WP No.9389 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to Call the records on the file of the respondent in Ref. Na.Ka.No.228/A1 /2020, Dated 21/03/2020 and quash the same. Prayer in WP NO.11581 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call the records on the file of the Respondent in REF. No SA.MU.A .nO 7/2020/A dated 31.7.2020 and quash the same.

Prayer in WP NO.11582 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call the records on the file of the Respondent in REF. No SA.MU.A .nO 7/2020/A dated 31.7.2020 and quash the same.

Prayer in WP NO.11584 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call the records on the file of the Respondent in REF. No SA.MU.A .nO 7/2020/A dated 31.7.2020 and quash the same.

Prayer in WP NO.11764 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call the records on the file of the respondent in Ref. Se.Mu. No.7/2020/ A date.31.07.2020 and quash the same Prayer in WP NO.11766 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call the records on the file of the respondent in Ref. Se.Mu. No.7/2020/ A date.31.07.2020 and quash the same Prayer in WP NO.11769 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call the records on the file of the respondent in Ref. Se.Mu. No.7/2020/ A date.31.07.2020 and quash the same Prayer in WP NO.11772 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call the records on the file of the respondent in Ref. Se.Mu. No.7/2020/ A date.31.07.2020 and quash the same

Prayer in WP NO.11880 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call the records on the file of the respondent in Ref. Se/Mu/No. 7/2020/A, Dated 31.07.2020 and quash the same and pass.

Prayer in WP NO.11891 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call the records on the file of the respondent in Ref. Se/Mu/No. 7/2020/A, Dated 31.07.2020 and quash the same and pass.

Prayer in WP NO.11893 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call the records on the file of the respondent in Ref. Se/Mu/No. 7/2020/A, Dated 31.07.2020 and quash the same and pass.

Prayer in WP NO.11929 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call the records on the file of the respondent in Ref. Na.Ka. No.A1/ 303/ C.V./ 2020 dated 19.06.2020 and quash the same Prayer in WP NO.11932 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call the records on the file of the respondent in Ref. Na.Ka. No.A1/ 303/ C.V./ 2020 dated 19.06.2020 and quash the same Prayer in WP NO.12069 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call for all the relevant records relating to the Impugned Order of Transfer issued on the petitioner issued in Se.Mu.No.7/2020/A, dated 31.07.

2020 passed by the 1st Respondent herein and quash the same as arbitrary, unreasonable, improper, illegal, against their own Rules and Regulations of the Respondents and thereby directing the Respondents to continue the Petitioner service as Salesman in Shop No.11352, Walaja, Arakkonam TASMAC District, Ranipet District.

Prayer in WP NO.12071 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call for all the relevant records relating to the Impugned Order of Transfer issued on the petitioner issued in Se.Mu.No.7/2020/A, dated 31.07.2020 passed by the 1st Respondent herein and quash the same as arbitrary, unreasonable, improper, illegal, against their own Rules and Regulations of the Respondents and thereby directing the

Respondents to continue the Petitioner service as Salesman in Shop No.11229, Sholinghur, Arakkonam TASMAC District, Ranipet District Prayer in WP NO.12201 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call the records on the file of the respondent in Ref. Se. Mu. No.7/ 2020/ A, date.31.07.2020 and quash the same Prayer in WP NO.12202 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call the records on the file of the respondent in Ref. Se. Mu. No.7/ 2020/ A, date.31.07.2020 and quash the same Prayer in WP NO.

12716 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call the records on the file of the respondent in Ref. Se.Mu.No. 7/2020/A, dated 31.07.2020 and quash the same Prayer in WP NO.12787 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call the records on the file of the respondent in Ref. Se. Mu. No.A1/ MRP/ 2020, date.25.02.2020 and quash the same Prayer in WP NO.13550 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call the records on the file of the respondent in ref. Na. Ka. No.1231/ A1/ 2020 date. 07.08.2020 and quash the same Prayer in WP NO.

14373 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, To call the records on the file of the respondent in Ref.Na.Ka. No.A1/ 001/2019 dated 08.09.2020 and quash the same For Petitioners : Mr.K.Bala in WP. 4449 of 2020 Mr.D.Bharathy in all other WPS (Except WP.4449, 5171, 12069 & 12071 of 2020 ) Mr.K.Kaviarasu in WP. 5171 of 2020 Mr.K.Srinivasan in WP.Nos 12069 and 12071 of 2020 For Respondents : Mr.K.Sathish Kumar and R.

C O M M O N O R D E R The matters were taken up through Web-hearing.

2. All these writ petitions raise a common issue of challenging the transfer orders individually passed by the respondent Corporation on the ground that the petitioners / employees of the respondent Corporation have violated the conditions of their employment by indulging in acts of misconduct like overpricing the liquor bottles than the prescribed M.R.P., for which they were fined and transferred to different locations. The petitioners in all these writ petitions being employees of the respondent Corporation are assailing the orders of transfer inter alia contending that the transfer orders are punitive in nature and not for advancing the cause of administration. According to these petitioners, in many of the cases fine amount have already been paid and on the basis of allegations against them to the Corporation, over and above that, the transfers have been effected, which is not permissible in law.

3. In response to the notice issued, Mr.K.Sathish Kumar, and Mr.R.Arumugharajan, learned Standing Counsel entered appearance and a common counter affidavit has been filed on behalf of the respondent Corporation in W.P.No.905 of 2020.

4. In the counter affidavit, it is stated that recently the Corporation has issued a Circular on 21.01.2019 as to the action to be taken in respect of the offences committed by the Salesmen and other employees manning the TASMAC Outlets and in that Circular, one of the actions proposed is to transfer the employees concerned, who have been violating the conditions of employment, either to the Godown or to Shops which have lower sales turnover. According to the counter affidavit, these writ petitioners have been found indulging in acts of misconduct viz., M.R.P., violation and therefore they were liable to be transferred apart from the penalty amount payable by them. In furtherance of the Circular, the Corporation has rightly resorted to transferring all these petitioners to Shops / Depot located within the same region.

5. When the matters are taken up for hearing, learned counsel for the respondent Corporation would also submit that in a batch of Writ Petitions in W.P.No.30741 of 2019 etc., a learned Judge of this Court dismissed the writ petitions challenging the penalty imposed on the petitioners therein in terms of the Circular and other instructions issued by the respondent Corporation. The learned Single Judge dismissed the challenge therein saying that they were liable to be taken to

task as per the Circular of the Corporation. Likewise, the present transfers are also a fall-out of the Circular dated 21.07.2019 and the transfer being an incidence of service of the Corporation, besides no worthy grounds have been raised in the writ petitions for interfering with the same, the writ petitions ought not be entertained.

6. Learned counsel for the petitioner attempted to argue that the transfers, on the heels of levying penalty is punitive in nature and therefore the same are not passed for administrative requirement. According to the learned counsel, the transfers are arbitrary, unjust, illegal and therefore they are liable to be interfered with.

7. This Court is unable to comprehend as to how these transfer orders can be successfully questioned by these petitioners. All that the Corporation has done is to relocate the petitioners to a different Shop /Outlet or a Depot in the interest of overall administration of the Corporation in order to minimise the effect of frequent malpractices indulged in by the vast majority of the employees. Such initiative by the Corporation and resorting to the present transfers cannot be assailed as being punitive in nature, calling for interference with the orders. In fact, this Court is of the view that the Corporation has been treating these violators with needless leniency and relocating them only to a nearby Shop or Depot within the same region.

Therefore, the petitioners cannot have any cause for complaint at all against the impugned action of the Corporation. Further, the petitioners who were found to have violated the M.R.P., norms and made illegal revenue out of it cannot have any legitimate cause for approaching this Court questioning the transfer orders. It is always open to the respondent TASMAC to take effective initiative in order to infuse discipline among its employees and prevent them from the recurring acts of malpractices. Confronted with large scale acts of misconduct by the employees across the State, the minimum deterrent action the Corporation could take is the transfer of the employees concerned as a warning preceding a impending serious action.

If such deterrent action is to be interfered by this Court, it could only lead to proliferation of malpractices undermining public interest at large. Such mass transfers in public interest with a view to arrest the repeated subversion of discipline by the vast majority of the employees ought not to be interfered with as being punitive. On the other hand, such transfers are impelled by administrative necessity to bring about a semblance of orderliness in the affairs of the Corporation vis-a-vis its employees.

8. Therefore, this Court considers that all these writ

petitions are devoid of merits and hence the same are dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar (CS-I) //True Copy// Sub Assistant Registrar KST TO 1.THE DISTRICT MANAGER TAMIL NADU STATE MARKETING CORPORATION (TASMAC) LIMITED KANCHEEPURAM NORTH DISTRICT.

2.THE SENIOR REGIONAL MANAGER, TAMILNADU NADU STATE MARKETING CORPORATION LIMITED, SALEM REGION, SALEM.

3. THE DISTRICT MANAGER/ SUB-COLLECTOR, TASMAC LIMITED, THIRUVALLUR EAST DISTRICT, THIRUVALLUR THIRUVALLUR 4.THE DISTRICT MANAGER, TASMAC LIMITED, KANCHEEPURAM NORTH DISTRICT, KANCHEEPURAM.

5.THE DISTRICT MANAGER, TASMAC LIMITED, CHENNAI (SOUTH), DISTRICT CHENNAI.

6.THE DISTRICT MANAGER, SUB COLLECTOR, TASMAC LIMITED, KANCHEEPURAM (SOUTH) DISTRICT, KANCHEEPURAM.

7.THE SENIOR REGIONAL MANAGER, TASMAC LIMITED, CHENNAI REGION, CHENNAI.

8.THE SENIOR REGIONAL MANAGER, TASMAC LIMITED., L.L.A BUILDING NO. 735, ANNA SALAI, CHENNAI 600 002.

9.THE DISTRICT MANAGER, TASMAC LIMITED, CHENNAI SOUTH REGION, NO.84, INDUSTRIAL ESTATED, AMBATTUR, CHENNAI 600 058.

10.TAMILNADU STATE MARKETING CORPORATION LIMITED, REPRSENTED BY ITS MANAGING DIRECTONR, CMDA TOWER II, 4th FLOOR, GANDHI IRWING BRIDGE ROAD, EGMORE, CHENNAI 600 008.

11.THE DISTRICT MANAGER, TAMILNADU STATE MARKETING CORPORATION LIMITED, DHARMAPURI DISTRICT.

12.THE DISTRICT MANAGER, TAMILNADU STATE MARKETING CORPORATION LIMITED, THIRUVANNAMALAI DISTRICT.

13.THE DISTRICT MANAGER/ SUB COLLECTOR, TASMAC LIMITED, TIRUVALLUR (WEST) DISTRICT, TIRUVALLUR.

14.THE DISTRICT MANAGER, TASMAC LIMITED, CHENNAI (NORTH) DISTRICT, CHENNAI.

15.THE DISTRICT MANAGER, TASMAC LIMITED, ARAKONAM DISTRICT.

16.THE DISTRICT MANAGER, TAMILNADU STATE MARKETING CORPORATION LIMITED, ARAKKONAM TASMAC DISTRICT, SIPCOT, RANIPET, RANIPET DISTRICT.

17.THE DISTRICT MANAGER/SUB COLLECTOR, TASMAC LIMITED, THIRUVALLUR DISTRICT.

PRE-DELIVERY ORDER IN W.P.NOS.905 OF 2020 ETC., BATCH OF W.PS.

SSV(CO) GN(20/11/2020)