M.Jayakumar, v. The Director Of Public Health

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP M.Jayakumar ...Appellant Vs.

1.The Director of Public Health & Preventive Medicine, Chennai - 600 006.

2.The Deputy Director of Health Services, Madurai.

3.M.Muralitharan

...Respondents

Prayer : Writ Appeal filed under Clause 15 of the Letters Patent, against the order passed in W.P.No.6337 of 2014 dated 05.03.2014. For Appellant : Mr.S.Selvathirumurugan For Respondents : Mr.L.S.M.Hasan Fizal, Additional Government Pleader for R1 & R2 R3 - No appearance ********* 1/4

J U D G M E N T

(Judgment was made by R.SUBRAMANIAN, J.) The appellant challenges the order of the writ Court dismissing his writ petition in which he had challenged the order of transfer of the 3rd respondent from Kalaiyarkoil to Alanganallur, ignoring his request for transfer either to Madurai or Alanganallur.

2. The writ Court has dismissed the writ petition on the ground that the transfer is an incidence of service and it is made on need basis and on administrative grounds. Of course, the employers take into account the convenience of the employees if his/her spouse is also working in the Government Department. But, that alone cannot arm the appellant with a right to challenge every order of transfer, that too of another employee.

3. Therefore, we do not see any merit in the writ appeal. Accordingly, the writ appeal is dismissed. No costs. 2/4

4. The learned Additional Government Pleader would inform us that the appellant is now working at M.Pudupatti in Sivakasi Health Unit District and transfer order was issued based on his own request on 23.09.2019. The said fact is also recorded.

(R.S.M., J.) (S.S.K., J.) 21.12.2022 dsa Internet :No Index :Yes Speaking order To 1.The Director of Public Health & Preventive Medicine, Chennai - 600 006.

2.The Deputy Director of Health Services, Madurai.

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R.SUBRAMANIAN, J.

and SATHI KUMAR SUKUMARA KURUP , J.

dsa 21.12.2022 4/4