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Madras High CourtWP/1531/2025disposed of

B.V.Suresh Babu v. Union Of India

2025-01-24Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.1531 of 2025 B.V. Suresh Babu .. Petitioner

Versus

1. The Union of India, Rep by its Secretary to Government, Health Department,Puducherry - 605 001

2. The Under Secretary, Department of Personnel & Administrative Refors ( Personnel Wing) DP & AR (PW) Chief Secretariat, Puducherry - 605 001.

3. Secretary to Government, Education Department, Government of Puducherry, Chief Secretariat, Puducherry - 605 001.

4.Director of School Education, Government of Puducherry, Perunthalaivar Kamaraj Centenary Education Complex, 100 feet Road, Anna Nagar, Puducherry - 605 005.

5. Delegate to Director of School Education, MGG Boys High School Campus, Yanam - 533 464.

6. Assistant Director ( Filaria), Filaraia Control unit, Government of Puducherry.

...Respondents

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Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to consider and pass order on petitioner's transfer application dated 10.06.2024 forwarded by the 6th Respondent on the same date i.e 10.06.2024 by which the petitioner have sought transfer to Yanam, within a time limit stipulated by this Hon'ble Court and pass orders. For Petitioner : Mr.Akshayaa Benjamin For Respondents1,2,3 & 6 : Mr.A. Tamil vanan,AGP For Respondent 4 & 5 :Mr.R. Syed Mustafa, SGP

ORDER

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

2. This petition is filed for issuance of a Writ of Mandamus directing the second respondent to consider and pass order on petitioner's transfer application dated 10.06.2024 forwarded by the 6th Respondent on the same date i.e 10.06.2024 by which the petitioner have sought transfer 2/6

to Yanam, within a time limit stipulated by this Court and pass orders

3. The case of the petitioner is that he is working as Superintendent in the Filaraia Control unit,Government of Puducherry. The sum and substance of the case is that the petitioner belong to Yanam Region,Puducherry and he has to take care of his aged mother, due to which he made an application seeking to transfer and the Head of the Department /6th respondent forwarded the same to the second respondent on the same date. The grievance of the petitioner is that till date there was no progress in the said transfer application, which has given rise to this petition.

4.The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's transfer application and pass orders.

5. The learned Additional Government Pleader appearing for the Health Department, Puducherry submitted that they will consider the case of the petitioner and pass orders on merits and in accordance with law.

6. Heard both sides and perused the materials available on record. 3/6

7. Considering the facts of the case, this Court without expressing any opinion on the merits of the case directs the respondents to pass orders in the petitioner's transfer application on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

7. With the above observations this writ petition stands disposed of. No order as to costs.

24.01.2025 Speaking order : Yes/No Index : Yes/No smn To 4/6

1. The Secretary to Government, Health Department, Puducherry - 605 001

2. The Under Secretary, Department of Personnel & Administrative Refors ( Personnel Wing) DP & AR (PW) Chief Secretariat, Puducherry - 605 001.

3. Secretary to Government, Education Department, Government of Puducherry, Chief Secretariat, Puducherry - 605 001.

4.Director of School Education, Government of Puducherry, Perunthalaivar Kamaraj Centenary Education Complex, 100 feet Road, Anna Nagar, Puducherry - 605 005.

5. Delegate to Director of School Education, MGG Boys High School Campus, Yanam - 533 464.

6. Assistant Director ( Filaria), Filaraia Control unit, Government of Puducherry.

V.BHAVANI SUBBAROYAN, J.

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smn W.P.No.1531 of 2025 24.01.2025 6/6