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Madras High CourtWP/2762/2024disposed of

P.Ravichandran v. Tamil Nadu Civil Supplies Corporation

2024-02-07Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.3024 of 2024 P.Ravichandran

...Petitioner

-Vs1. Tamil Nadu Civil Supplies Corporation Ltd., represented by its Chairman-cum-Managing Director, No.10, Thambusamy Road, Kilpauk, Chennai-600 010.

2. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., Ranipet Region, Ranipet District-632 401.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records relating to the impugned order Transfer - cum-Work Allotment order in Se. Mu.order No E1 / 1267/2023, dated 24.01.2024 (served on 31.01.2024) issued by the second respondent and quash the same. For Petitioner : Mr.K.Premkumar For Respondents : Mr.C.Selvaraj Standing Counsel

ORDER

This writ petition has been filed calling for the records relating to the impugned order Transfer - cum-Work Allotment order in Se. Mu.order No E1 / 1267/2023, dated 24.01.2024 (served on 31.01.2024) issued by the second respondent and to quash the same.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner was appointed as an Electrician on 28.03.1991 in the Mechanical Wing of Tamil Nadu Civil Supplies Corporation Ltd. While he was in duty, he had met with an accident/Electrocution on 31.07.1999 and sustained grievous injuries on his left hand and his disability was assessed at 40%. Therefore, he was unable to continue the job of Electrician, but the respondent Corporation refused to provide with an alternative employment. Therefore, he approached this Court and on the direction issued by this Court, the petitioner was provided with an alternative employment as Junior Assistant in the Administrative Wing

of the respondent Corporation. Thereafter, the petitioner made a request to transfer him to nearby his native place viz., Thiruvannamalai. Considering the said request, the petitioner was transferred to Ranipet region, with effect from 16.12.2022. Due to certain irregularities committed by the petitioner, he was suspended from his service. Subsequently, he was served with a charge memo consisting of five charges. The order of suspension was challenged before this Court in W.P.No.35816 of 2023. This Court, by an order dated 22.12.2023, granted interim stay. Therefore, the petitioner was reinstated into service. Thereafter, the petitioner was transferred from Ranipet to Arakkonam Godown. Once again, he was transferred from Arakkonam Godown to Wallajah region.

4. The contention of the learned counsel for the petitioner is that after the interim order passed by this Court in the writ petition challenging the order of suspension, the respondents were directed to reinstate the petitioner. Therefore, in order to wreck vengeance against the petitioner, the petitioner was transferred to Arakkonam Region. It is

also far away from the native place of the petitioner. He further submitted that the post of Superintendent is transferable all over Tamil Nadu. After promoting the petitioner to the post of Superintendent, he was transferred to Tenkasi Region. After considering the request made by the petitioner and also the recommendation sent by the State Commissioner for persons with disabilities, the petitioner was posted to Ranipet Region. Presently he was posted to Wallajah region and it is very near to Ranipet. However, it is far away from the petitioner's native place viz., Thiruvannamalai. That apart, after the order of transfer, the petitioner was relieved from the post of Superintendent from Ranipet region and one Rajavel had joined as Superintendent at Ranipet region. Subsequently, the petitioner sent a representation to transfer him to Thiruvannamalai due to his disability.

5. Considering the above facts and circumstances of the case, the first respondent is directed to accommodate the petitioner in the post of Superintendent in any one of the nearby district of Thiruvannamalai, if any vacancy is available.

6. With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs.

07.02.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn To

1. The Chairman-cum-Managing Director, Tamil Nadu Civil Supplies Corporation Ltd., No.10, Thambusamy Road, Kilpauk, Chennai-600 010.

2. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., Ranipet Region, Ranipet District-632 401.

G.K.ILANTHIRAIYAN. J, mn 07.02.2024