K.Nanda Kumar v. Marketing Head Office

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.03.2018

CORAM

THE HONOURABLE Mr.JUSTICE T.RAJA W.P.No.7295 of 2018 and W.M.P.Nos.9067 & 9068 of 2018 K.Nanda Kumar ... Petitioner Vs 1.Marketing Head Office, Rep. by Marketing Director, Having office at G9, Indian Oil Bhavan, Ali Yavar Jung Marg, Bandra East, Mumbai.

2.Northern Regional Office, Rep. by its Executive Director, Having office at Indian Oil Bhavan, No.1, Sri Aurobindo Marg, Yusuf Sarai, New Delhi 110 016.

3.Indian Oil Corporation Limited, Rep. by its Executive Director, Having office at No.139, Indian Oil Bhavan [Marketing Division], Tamil Nadu State Office, Nungambakkam High Road, Chennai-34.

... Respondents Writ Petition filed under Article 226 of The Constitution of India seeking for issuance of Writ of Certiorari to call for the records of the 3rd respondent in his proceedings office order No.S-65 dated 19.10.2017 and quash the same.

For Petitioner : Mr.P.Shivaraj Mohan For Respondents : No appearance

O R D E R

This Writ Petition has been filed questioning the correctness of the transfer order dated 19.10.2017, passed by the third respondent, on the ground that the petitioner has been disturbed, when he has left with only three years of service. https://hcservices.ecourts.gov.in/hcservices/

2.Learned counsel appearing for the petitioner submitted that he has been working in the third respondent Corporation for more than three decades i.e. about 33 years. 3.When the admission of the learned counsel appearing for the petitioner clearly shows that the petitioner has been rightly transferred from Chennai to Chenglepet, which is 50 kms away and well connected electric trains with frequency of every 15 minutes, this Court finds that no prejudice is going to cause to the petitioner. Moreover, the transfer is not only incidental service, but also conditional service. Therefore, the petitioner cannot come before this Court, challenging the impugned order of transfer posting him from Chennai to Chenglepet. In view of the above, the Writ Petition fails and it is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar gya To 1.The Marketing Director, Marketing Head Office, G9, Indian Oil Bhavan, Ali Yavar Jung Marg, Bandra East, Mumbai.

2.The Executive Director, Northern Regional Office, Indian Oil Bhavan, No.1, Sri Aurobindo Marg, Yusuf Sarai, New Delhi 110 016.

3.The Executive Director, Indian Oil Corporation Limited, No.139, Indian Oil Bhavan [Marketing Division], Tamil Nadu State Office, Nungambakkam High Road, Chennai-34.

+1 cc to Mr.Shivaraj Mohan Advocate sr 24262 W.P.No.7295 of 2018 and W.M.P.Nos.9067 & 9068 of 2018 aa16/04/2018 https://hcservices.ecourts.gov.in/hcservices/