B.Antony David v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and M.P.No.1 of 2015 B.Antony David

...Petitioner

-Vs1.The General Manager, Tamilnadu State Transport Corporation, Coimbatore Division, Coimbatore.

2.The Branch Manager, Tamilnadu State Transport Corporation Ltd., Mettupalayam - 641 301.

3.The Branch Manager, Tamilnadu State Transport Corporation Ltd., Uthagamandalam Branch - I.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records from the 1st respondent, pertaining to impugned transfer order No.2709/Ooty/Tech-5/e3e/pathu1/thaapoka(ko)/14 dated 21.02.2014 and quash the same and consequently direct the respondents to permit the 1/4

petitioner to work as Technician at 3rd respondent's office. For Petitioner : Mr.P.Saravanan For Respondents : Mr.M.Murali Vinodh

ORDER

The order of transfer of the petitioner from Uthagamandalam Branch-I to Mettupalayam Branch-II is put under challenge in the present Writ Petition.

2. It is stated by the learned counsel for the petitioner that in view of the interim order granted by this Court in this Writ Petition, the petitioner continues to work in the original Uthagamandalam Branch-I itself.

3. Eight years have lapsed since the order of transfer was passed and at this stage, it would not be appropriate to give effect to the order of transfer, particularly, when the petitioner has been serving in the same branch. However, it is always open to the respondent Transport Corporation to invoke their powers for any administrative transfers that may be required at a later stage.

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4. In the light of the above observation, the impugned order dated 21.02.2014 passed by the first respondent herein is quashed and accordingly, the Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

31.10.2022 Index:Yes/No Internet:Yes/No hvk To 1.The General Manager, Tamilnadu State Transport Corporation, Coimbatore Division, Coimbatore.

2.The Branch Manager, Tamilnadu State Transport Corporation Ltd., Mettupalayam - 641 301.

3.The Branch Manager, Tamilnadu State Transport Corporation Ltd., Uthagamandalam Branch - I.

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M.S.RAMESH,J.

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