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Madras High CourtWP/21464/2018disposed of

N.Andiyappan v. The Chief Engineer / Personnel

2018-08-23Honourable Mr Justice Satrughana Pujahari3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2018

CORAM

THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI W.P.No.21464 of 2018 N..Andiyappan

...Petitioner

..vs..

1. The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Ltd.

No.144, Anna Salai, Chennai-2.

2. The Superintending Engineer, Generation Circle/Kundha, Nilgiris District 643 219

...Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the first respondent to consider and pass orders on the representation of the petitioner dated 05.07.2018, with regard to request transfer of the petitioner from Kundha Hydro Power Generation Circle, Power House-I to Salem Electricity Distribution Circle as per (Rt) CMD/TANGEDCO Proceedings No.5 (Administrative Branch) dated 28.06.2017.

For Petitioner : Mr.S.N.Ravichandran For Respondents: Mr.P.R.Dhilipkumar

O R D E R

This Writ Petition has been filed seeking for a direction to the first respondent to consider and pass orders on the representation of the petitioner dated 05.07.2018, with regard to request transfer of the petitioner from Kundha Hydro Power Generation Circle, Power House-I to Salem Electricity Distribution Circle, as per (Rt) CMD/TANGEDCO Proceedings No.5 (Administrative Branch) dated 28.06.2017.

2. The grievance of the petitioner is that he has made a representation for transfer, to the first respondent on 05.07.2018, for the petitioner from Kundha Hydro Power Generation Circle, Power House-I to Salem Electricity Distribution Circle, but no order on the same having been passed till date, he has filed this Writ Petition seeking for the aforesaid relief.

3. The learned counsel for the respondents would submit that though the Board proceedings No.5 (Administrative Branch) dated 28.06.2017, indicates that request for transfer should be considered for such persons, who have completed three years of service no action has been taken till date on the representation of the petitioner dated 05.07.2018, hence the writ petition seeking the relief. Accordingly the same be allowed.

4. The learned counsel appearing for the respondents would submit that they have no objection in considering the representation of the petitioner, on merits and in accordance with law, within period to be stipulated by this Court.

5. Regard being had to the aforesaid facts and submissions made, this Court is of the view that no useful purpose would be served in seeking counter affidavit from the respondents, before disposal of the Writ Petition.

6.Hence, this Writ Petition is disposed of with a direction to the first respondent to take informed and considered decision on the representation of the petitioner dated 05.07.2018, on merits and in accordance with law, taking into consideration the proceedings of the Board in (Rt) CMD/TANGEDCO Proceedings No.5 (Administrative Branch) dated 28.06.2017 and other relevant materials, within a period of six weeks from the date of receipt of a copy of this order. However, it is made clear that this Court has expressed no opinion on the merits of such representation. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar arr/mrm

To

1. The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Ltd. No.144, Anna Salai, Chennai-2.

2. The Superintending Engineer, Generation Circle/Kundha, Nilgiris District 643 219 WP.No.21464 of 2018 (CS-IX) EU(14/09/2018)