A.Rajaram v. The Director Of Agriculture

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K. SASIDHARAN and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.A.No.866 of 2017 and C.M.P.No.11957 of 2017 A.Rajaram .... Appellant -vs1. The Director of Agriculture, Chepauk, Chennai - 600 005.

2. The Joint Director of Agriculture (in-charge), 1422-A, Thadagam Road, G.C.T. Post, Coimbatore - 641 013.

.... Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent against the order passed in W.P No.17079 of 2017 dated 06.07.2017.

WP.NO.17079/2017:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus or any other appropriate Writ calling for the records relating to the proceedings of the Joint Director of Agriculture (incharge) Coimbatore the second respondent herein made in reference No.A1 /6100 /2017(3) dated 30.06.2017 quash the same and direct the respondents herein to retain the petitioner as Agricultural Officer, soil Survey and Land Use organisation Coimbatore with all consequential service and monetary benefits including arrears of salary If any due to the petitioner on account of passing of impugned order of transfer and disburse all arrears within a short date that may be fixed by this Honourable court.

For Appellant :

Ms.M.Premika for M/s.R.Rajkumar For Respondents:

Mr.V.Anandamoorthy, AGP --------

J U D G M E N T

[Judgment of the Court was delivered by R.SUBRAMANIAN,J.] The challenge in the Writ Petition was to the transfer order passed by the respondents transferring the appellant from Coimbatore to Karamadai by proceedings dated 30.06.2017.

2. The learned single Judge dismissed the Writ Petition on the ground that the transfer being purely for administrative reasons, the same cannot be interfered with in the writ jurisdiction. The said order is under challenge in this appeal.

3. When the matter came up before us on 11.07.2018, we had suggested the learned Government Pleader that in view of the fact that the appellant is due to retire on 31.10.2018 by attaining superannuation, the Department may consider retaining him in Coimbatore itself till his retirement.

4. The learned Additional Government Pleader has produced a letter in No.A2/8159/2017 dated 23.07.2018 addressed to him by the Joint Director of Agriculture, Coimbatore accepting our suggestion and permitting the appellant to continue at Coimbatore itself till the date of his retirement. The said letter is taken on record.

5. Accordingly, the Writ Appeal is disposed of directing the respondents to retain the appellant in Coimbatore itself till his retirement. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To

1. The Director of Agriculture, Chepauk, Chennai - 600 005.

2. The Joint Director of Agriculture (in-charge), 1422-A, Thadagam Road, G.C.T. Post, Coimbatore - 641 013.

+1cc to M/s.R.Rajkumar, Advocate sr.no.49258 +1cc to Government Pleader sr.no.50853 W.A.No.866 of 2017 and C.M.P.No.11957 of 2017 spd(co) nr 09/08/2018