R.Srinivasan v. The Chairman Cum Managing

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.03.2018

CORAM

THE HONOURABLE Mr.JUSTICE T.RAJA W.P.No.6222 of 2018 and W.M.P.Nos.7703 & 7704 of 2018 R.Srinivasan ... Petitioner Vs 1.The Chairman and Managing Director, TANGEDCO, Anna Salai, Chennai-2.

2.The Secretary, TANGEDCO, Anna Salai, Chennai-2.

... Respondents Writ Petition filed under Article 226 of The Constitution of India seeking for issuance of Writ of Certiorari to call for the records in pursuant to the impugned order passed by the 2nd respondent vide [Rt] CMD TANGEDCO proceeding No.8 dated 07.03.2018 and quash the same as illegal.

For Petitioner : Mr.R.Subburaj For Respondents : Mr.P.R.Dhilip Kumar Standing Counsel

O R D E R

This Writ Petition has been filed by the petitioner who was working as Superintending Engineer, questioning the correctness of the Transfer Order dated 07.03.2018, transferring the petitioner from Villupuram Electricity Distribution Circle to Tiruvalam.

2.Heard the parties on both sides.

3.Two grounds are placed before this Court by the learned counsel appearing for the petitioner, challenging the impugned order of transfer. Firstly, the petitioner is left with only 10 months of service. Therefore, the impugned order of transfer at the verge of his retirement is liable to go. Secondly, the order of transfer has been motivated on the basis of the complaint given by the Association.

https://hcservices.ecourts.gov.in/hcservices/

4.Opposing the above, learned Standing Counsel appearing for the respondents submitted that the petitioner has already been relieved from the present workplace on 08.03.2018 and in his place incumbent has also assumed charge. In support of his contention, he has also placed on record, proceedings dated 07.03.2018, wherein, the other Superintending Engineers have been transferred and posted on promotion. 5.It is further stated that the distance between two places is about 140 kms.

Since the petitioner is a Superintending Engineer, who has provided with official vehicle and conveyance allowance, cannot have any grievance that he is going to face prejudice, in view of commuting long distance. 6.I also find merits on the submission made by the learned Standing Counsel appearing for the respondents that when the petitioner is a Superintending Engineer, posted at Tiruvalam on transfer, distanced about 140 kms, in view of providing official car with conveyance allowance, in my considered opinion, the petitioner cannot have any grievance. Moreover, other people in the places where transfer was effected, has been occupied by other officials. In that view of the matter, this Court finds no merit in the writ petition and the same is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar gya To 1.The Chairman and Managing Director, TANGEDCO, Anna Salai, Chennai-2.

2.The Secretary, TANGEDCO, Anna Salai, Chennai-2.

+1 CC to Mr.R. Subburaj, Advocate sr 20867.

+1 CC to Mr.P.R. Dilipkumar, Advocate sr 21330 W.P.No.6222 of 2018 and W.M.P.Nos.7703 & 7704 of 2018 SP(05/04/2018) https://hcservices.ecourts.gov.in/hcservices/