Madras High CourtWP/1023/2018disposed of

S.Vijayakumar v. The Chief Engineer/

2018-01-22Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.1023 & 1024 of 2018 S.Vijayakumar ..

Petitioner in W.P.No.1023 of 2018 S.Karthikeyan ..

Petitioner in W.P.No.1024 of 2018 -vs1. The Chief Engineer / Personnel Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai Chennai 600 002

2. The Superintending Engineer Generation Circle/Kundha Nilgiris District 643 219 ..

Respondents 1 & 2 in both W.P's

3. The Assistant Engineer Electrical Maintenance-I Kundha Power House I Kundha Bridge Post Nilgiris 643 219 ..

3rd Respondent in WP No.1023 of 2018

4. The Assistant Engineer Electrical Maintenance Kundha Power House III Paralimugam 641 104 ..

3rd Respondent in WP No.1024 of 2018

5. The Superintending Engineer Coimbatore Electricity Distribution Circle/Urban Coimbatore - 12 ..

4th Respondent in WP No.1023 of 2018

6. The Superintending Engineer Coimbatore Electricity Distribution Circle/South Coimbatore - 12 ..

4th Respondent in WP No.1024 of 2018 W.P.No.1023 of 2018 is filed under Article 226 of the

Constitution of India, praying for the issue of a Writ of Mandamus, directing the second and third respondents to issue relieving order to the petitioner so as to enable the petitioner to comply the order of transfer passed by the first respondent vide Memo No.002164/1086/G.42/G.421/2017-1, dated 20.09.2017 and consequential re-posting order dated 06.10.2017, passed by the fourth respondent.

W.P.No.1024 of 2018 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the second and third respondents to issue relieving order to the petitioner so as to enable the petitioner to comply the order of transfer passed by the first respondent vide Memo No.001644/992/G.42/G.421/2017-1, dated 29.08.2017 and consequential re-posting order dated 18.09.2017, passed by the fourth respondent.

For Petitioners ::

Mr.S.N.Ravichandran For Respondents ::

Mr.P.R.Dhilip Kumar

ORDER

These writ petitions have been filed by Mr.S.Vijayakumar and Mr.S.Karthikeyan seeking a mandamus to direct the respective second and third respondents to relieve the petitioners, pursuant to the orders of transfer passed by the Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Limited, Chennai, the first respondent herein dated 20.9.2017 & 29.8.2017.

2. Although the petitioners were transferred from Kundha Generation Circle to Coimbatore Distribution Circle by the aforementioned orders and the consequential posting orders were also issued on 6.10.2017 & 18.9.2017 followed by a corrigendum on 9.10.2017, till date, they have not been relieved from the respective stations.

3. When the matters were taken up, the learned standing counsel for the respondents, placing on record a copy of the letter dated 22.1.2018 issued by the Superintending Engineer, Generation Circle, Kundah, submitted that within 20 days time, the petitioners will be relieved to enable them to join in the transferred place.

Placing on record the proceedings in Lr.No.028690/618/Adm.II/A.I/F.Court case/18-1 dated 22.1.2018 issued by the Superintending Engineer, Generation Circle, Kundah, these writ petitions are disposed of directing the respondents to relieve the petitioners within 20 days time. No costs.

SS 22/01/2018 For Being Mentioned This matter having been listed under the caption : for Bieing mentioned an Wednesday the 31.01.2018 pursuant to the Order of this Court dated 22.01.2018 and made herein in the presence of the aforesaid counsels on the either side, the Court made the following Order:- The matter is posted today under the caption "For Being Mentioned" at the instance of the learned counsel for the petitioners, who would submit that by delaying the relieving order, the respondents are going to appoint new persons in the transferred place.

2. This Court finds merit in the submission of the learned counsel for the petitioners. Therefore, the respondents, while issuing reliving orders to the petitioners, should ensure that the petitioners' seniority are not affected.

Jvm 31.01.2018 Sd/- Assistant Registrar(CS V) //True copy// Sub Assistant Registrar ss To

1. The Chief Engineer / Personnel Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai Chennai 600 002

2. The Superintending Engineer Generation Circle/Kundha Nilgiris District 643 219

3. The Assistant Engineer Electrical Maintenance-I Kundha Power House I Kundha Bridge Post Nilgiris 643 219

4. The Assistant Engineer Electrical Maintenance Kundha Power House III Paralimugam 641 104

5. The Superintending Engineer Coimbatore Electricity Distribution Circle/Urban Coimbatore - 12

6. The Superintending Engineer Coimbatore Electricity Distribution Circle/South Coimbatore - 12 +2cc to Mr.S.N.Ravichandran, Advocate sr.no.4665(06/02/2018) W.P.Nos.1023 & 1024 of 2018 GN(05/02/2018)