E.Ramesh v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.33477 & 33478 of 2017 E.Ramesh ..

Petitioner in W.P.No.33477 of 2017 B.Velmurugan ..

Petitioner in W.P.No.33478 of 2017 -vs1. The Secretary Transport Department Chief Secretariat Pondicherry 605 001

2. The Managing Director Behind Pondicherry New Bus Stand

3. The General Manager-cum-Company Secretary Behind Puducherry New Bus Stand

4. The Assistant Engineer cum Deputy Manager Karaikal Branch, Karaikal ..

Respondents in both the Writ Petitions Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, calling for the records pursuant to the impugned transfer order passed by the Managing Director/2nd respondent vide order in No.40/PRTC/Admn/14/15/1329 dated 28.11.2017 and quash the same. For Petitioners :: M/s.Usha Ramman

ORDER

These writ petitions are directed against the impugned order of transfer dated 28.11.2017 passed by the Managing Director of

Puducherry Road Transport Corporation Limited (A Government of Puducherry Undertaking) transferring eight Junior Tradesmen including the petitioners, from Puducherry to Karaikal and viceversa.

2. Learned counsel for the petitioners submitted that the petitioners have been transferred to a far-off distance viz., 200 Kms., away, which is absolutely unacceptable.

3. I am not able to agree with the said contention, as the distance between Pondicherry and Karaikal is only 128 Kms. When the respondents have taken a decision to transfer on administrative ground all the eight Junior Tradesman including the petitioners for the reasons best known to them, this Court is not inclined to entertain the writ petition. When the transfer is not only an incident of service, but also a condition of service, the employer having felt that the eight Junior Tradesmen including the petitioners are to be transferred from Pondicherry to Karaikal and vice-versa on administrative measures, this Court cannot interfere with the same. Hence, the writ petitions are dismissed. Consequently, W.M.P.Nos.36981 & 36982 of 2017 are also dismissed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ss To

1. The Secretary Transport Department Chief Secretariat Pondicherry 605 001

2. The Managing Director Behind Pondicherry New Bus Stand

3. The General Manager-cum-Company Secretary Behind Puducherry New Bus Stand

4. The Assistant Engineer cum Deputy Manager Karaikal Branch, Karaikal +2cc to M/s.Usha Ramman, Advocate SR.No.92499 & 92500 RV(co) sm:18.1.2018 W.P.Nos.33477 & 33478 of 2017