K.Markandan, 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.Nos.1 & 2 of 2012 K. Markandan ... Petitioner Vs.

1.The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Limited, No.37, Mettupalayam Road, Coimbatore.

2.A. Periyaswamy 3.V.K. Perumal 4.Sivabagiyam 5.C. Balakrishnan Regional Treasurer, Kovai-Nilagiri District, AIADMK Party, Bharathi Nagar, Bharathi Nagar, A. Sangampalayam, Pollachi Taluk, Coimbatore.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records of the impugned order transfer bearing No.2171/E3A/52P/Pathu.1/TNSTC (Coimbatore)/2012 dated 15.06.2012 issued by the 1st respondent and quash the same. 1/4

For Petitioner :

Mr.L. Chandrakumar For Respondents :

Mr.P. Murali Vinodh [R1] Mr.S. Vijayakumar [R3 & R4] No appearance [R2 & R5]

ORDER

The order of transfer of the petitioner from Ukkadam - I Branch to Ooty - II Branch 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 Ukkadam - I Branch itself.

3. Ten 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.

4. In the light of the above observation, the impugned order dated 2/4

15.06.2012 passed by the first respondent herein is quashed and accordingly, the Writ Petition stands allowed. No costs. Connected miscellaneous petitions are closed.

31.10.2022 Speaking order/Non-speaking order Index:Yes/No Sni To 1.The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Limited, No.37, Mettupalayam Road, Coimbatore.

2.C. Balakrishnan Regional Treasurer, Kovai-Nilagiri District, AIADMK Party, Bharathi Nagar, Bharathi Nagar, A. Sangampalayam, Pollachi Taluk, Coimbatore.

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M.S.RAMESH,J.

Sni 31.10.2022 4/4