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Madras High CourtWP/9107/2022dismissed

Mr. K.Senthilkumar v. Tamilnadu State Transport Corporation

2023-08-01Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.9107 of 2022 & WMP.Nos.8891 & 8892 of 2022 K.Senthilkumar ... Petitioner Vs

1. Tamil Nadu State Transport Corporation [Coimbatore] Ltd., Represented by its Managing Director, 37, Mettupalayam Rd, Tatabad, Kuppakonam Pudur, Coimbatore, Tamil Nadu - 641 043.

2. The General Manager, Tamil Nadu State Transport Corporation [Coimbatore] Ltd., 37, Mettupalayam Rd, Tatabad, Kuppakonam Pudur, Tamil Nadu 641 043.

3. The Branch manager, Tamil Nadu State Transport Corporation [Coimbatore] Ltd., Bye Pass Road, Near Ukkadam Bus Stand, Ukkadam, Coimbatore, Tamil Nadu - 641 001.

4. The Branch Manager, Tamil Nadu State Transport Corporation [Coimbatore] Ltd., Mettupalayam I Branch, Coimbatore, Tamil Nadu - 641 009. ... Respondents 1/5

Prayer :- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the impugned transfer order dated 10.8.2021 issued by the first respondent against the petitioner and to quash the same as illegal and further pass an order of stay on the operation of the transfer order (2954/ E3B/Pathu1 / TNSTC (CBE)/ 2021) and permit the petitioner to continue his service with the third respondent.

For Petitioner : Mr.C.Sivakumar For Respondent : Mr.S.Prabakaran Government Advocate

ORDER

This Writ Petition has been filed to quash the impugned transfer order dated 10.8.2021 issued by the first respondent against the petitioner as illegal and pass an order of stay on the operation of the transfer order (2954/ E3B/Pathu1 / TNSTC (CBE)/ 2021) and permit the petitioner to continue his service with the third respondent. 2/5

2. The petitioner is working as a Sr. Conductor and he has been transferred on administration ground from Ukkadam Branch to Mettupalayam. It is the contention of the petitioner that he has been transferred from a region of deficit employees to surplus employees. Hence, seeks to quash the impugned Order.

3. At the outset, this Court is of the view that, the Writ Petition itself is not maintainable mainly on the ground that transfer to some other place, unless the transfer is on the ground of punitive or malafide. Since transfer is a condition of service and particularly, when the transfer has been made on administrative ground, such transfer cannot be questioned in a Writ Petition. Hence, there is no merits in this Writ Petition and same is liable to be dismissed.

4. Accodingly, this Writ petition is dismissed. Consequently, connected miscellaneous petitions are closed. No costs. 01.08.2023 3/5

Index:Yes/No vrc To,

1. Tamil Nadu State Transport Corporation [Coimbatore] Ltd., Represented by its Managing Director, 37, Mettupalayam Rd, Tatabad, Kuppakonam Pudur, Coimbatore, Tamil Nadu - 641 043.

2. The General Manager, Tamil Nadu State Transport Corporation [Coimbatore] Ltd., 37, Mettupalayam Rd, Tatabad, Kuppakonam Pudur, Tamil Nadu 641 043.

3. The Branch manager, Tamil Nadu State Transport Corporation [Coimbatore] Ltd., Bye Pass Road, Near Ukkadam Bus Stand, Ukkadam, Coimbatore, Tamil Nadu - 641 001.

4. The Branch Manager, Tamil Nadu State Transport Corporation [Coimbatore] Ltd., Mettupalayam I Branch, Coimbatore, Tamil Nadu - 641 009. 4/5

N.SATHISH KUMAR, J.

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