Madras High CourtWP/33746/2017dismissed

R.Bala Krishnan v. The Secretary

2017-12-22Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.12.2017

CORAM

THE HONOURABLE Mr.JUSTICE T.RAJA W.P.No.33746 of 2017 and W.M.P.Nos.37383 & 37384 of 2017 R.Balakrishnan ... Petitioner Vs

1. The Secretary, Transport Department, Tamil Nadu Government, Chennai-9.

2.The Managing Director, Tamil Nadu State Transport Corporation, Salem Division, 12, Ramakrishna Road, Salem-7.

3.The General Manager, Tamil Nadu State Transport Corporation, Salem Division, 12, Ramakrishna Road, Salem-7.

4.The Assistant Engineer, Chief incharge, F.C.Unit, Body Division, Rasipuram, Tamil Nadu State Transport Corporation, Salem Division, Rasipuram, Namakkal District.

5.The Branch Manager, Rasipuram Branch, Tamil Nadu State Transport Corporation, Salem Division, Rasipuram, Namakkal District.

... Respondents Writ Petition filed under Article 226 of The Constitution of India seeking for issuance of Writ of Certiorarified Mandamus, to call for the records of the 4th respondent in his proceedings in transfer order dated 12.12.2017 in E2/83/tha aa po ka[Salem]- 2017 and quash the same and consequently direct the 4th respondent to allot work for petitioner in F.C.Unit, Body Division, Rasipuram as welder in F.C.Unit, Body Division, Rasipuram.

For Petitioner : Mr.T.R.Udayakumar For Respondents : Mr.RAS.Senthilvel, Addl. Govt. Pleader for R1

O R D E R

This writ petition has been directed against the impugned order of transfer dated 12.12.2017, in which the petitioner has been transferred from Rasipuram to Thamampatti branch. 2.Heard Mr.T.R.Udayakumar, learned counsel appearing for the petitioner and Mr.RAS.Senthilvel, learned Additional Government Pleader who took notice for the first respondent and perused the materials placed on record.

3.Learned counsel appearing for the petitioner submitted that the petitioner who was working as Welder in the respondent Transport Corporation has been transferred to a far off place from Rasipuram to Thamampatti Depot. Due to the said transfer, he would not be in a position to take care of his family. Moreover, one of his son who was affected by polio, is taking treatment for his left leg which was totally paralysed, would not be able to continue his treatment, hence, prays to set aside the impugned order passed by the fourth respondent. 4.Learned counsel appearing for the petitioner would not be able to show any document that the petitioner's son is under treatment. In that view of the matter, the petitioner cannot come before this court complaining the impugned order of transfer passed by the respondent Transport Corporation on administrative grounds, since transfer is not only an incidental service but also conditional service and therefore, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar gya To