B.Senthil Kumar v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR WP.Nos.11877, 11879, 11880, 11881, 11882, 11884, 11900, 11901, 11903, 11927, 11929 & 11931/2021 [Video Conferencing] B.Senthil Kumar Petitioner in WP.No.11877/2021 G.Gobi Petitioner in WP.No.11879/2021 A.Pannerselvam Petitioner in WP.No.11880/2021 M.Moorthy Petitioner in WP.No.11881/2021 M.Gopisankar Petitioner in WP.No.11882/2021 N.Ashok Kumar Petitioner in WP.No.11884/2021 C.Srinivasan Petitioner in WP.No.11900/2021 G.Rajakumar Petitioner in WP.No.11901/2021 R.Senthil Petitioner in WP.No.11903/2021 G.Muthukumar Petitioner in WP.No.11927/2021 V.Anandakrishnan Petitioner in WP.No.11929/2021 N.Kumar Petitioner in WP.No.11931/2021 Vs 1.The State of Tamil Nadu rep.by its Principal Secretary Department of Higher Education, Secretariat, Chennai 600 009.

1st Respondent in all WPs 2.The Principal Secretary to Government Social Welfare & Nutritious Meal Programme Department Secretariat, Chennai 600 009.

3.The Commissioner, Commissionerate of Social Defence Old No.153, N32.No.300 Purasawalkam High Road Kellys, Chennai 600 010.

4.The Registrar Annamalai University Annamalai Nagar, RR 2 to 4 in WP.No.11877/2021 5.The Commissioner, No.53, Sardar Patel Road, Guindy, Chennai 600 025.

6.The Registrar Annamalai University Annamalai Nagar, RR 2 & 3 in WP.Nos.11879 & 11881/2021 7.The Principal Secretary to Government Social Welfare Department, Secretariat Chennai 600 009.

8.The Director, Directorate of Social Welfare Guindy, Chennai 600 032.

9.The Registrar Annamalai University Annamalai Nagar, RR 2 to 4 in WP.Nos.11880 & 11931/2021 10.The Commissioner, Department of Museums, Egmore, Chennai-08.

11.The Registrar Annamalai University Annamalai Nagar, RR 2 & 3 in WP.No.11882/2021 12.The Commissioner, No.53, Sardar Patel Road, Guindy, Chennai 600 025.

13.The Registrar Annamalai University Annamalai Nagar, RR 2 & 3 in WP.No.11884/2021 14.The Commissioner, Tamil Nadu Archives No.50-51, Gandhi Irwin Road Egmore, Chennai 600008.

15.The Registrar Annamalai University Annamalai Nagar, RR 2 & 3 in WP.Nos.11900 & 11903/2021 16.The Commissioner, No.53, Sardar Patel Road, Guindy Chennai 600 025.

17.The Registrar Annamalai University Annamalai Nagar, RR 2 & 3 in WP.No.11901 & 11929/2021 18.The Registrar, Cooperative Societies Chennai-10.

19.The Registrar Annamalai University Annamalai Nagar, RR 2 & 3 in WP.No.11927/2021 ***Registrar, Annamalai University, Annamalai Nagar, Chidambaram 608 002, is impleaded as per the order of the Court dated 21.06.2021 made in WMP.Nos.13385, 13387, 13388, 13389, 13390, 13391, 13392, 13393, 13394, 13395, 13396 & 13397/2021.

Common Prayer:- Writ Petitions filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to consider the transfer of the petitioners to a place nearby to the native district of Cuddalore on humanitarian grounds after completion of tenure as an Office Assistant in Commissionerate of Social Defence, Chennai on 03.08.2021 [WP.No.11877/2021], as an Office Assistant in Institute of Textile Technology, Tharamani, Chennai on 17.05.2021 [WP.No.11879/2021] ; as an Office Assistant in Child Development Project Office, Mohanur, Namakkal District

on 17.05.2021 [WP.No.11880/2021] ; in Technical Education Division Office of the Executive Engineer [PWD] Department of technical Education, Guindy, Chennai on 17.05.2021 [WP.No.11881/2021] ; as Gallery Guard in Government Museum, Egmore, Chennai on 22.05.2021 [WP.No.11882/2021]; as Office Assistant in the Directorate of Technical Education, Chennai on 17.05.2021 [WP.No.11884/2021] ; as Office Assistant in the Tamil Nadu Archives, Egmore, Chennai on 19.05.2021 [WP.No.11900/2021] ; as Office Assistant in the Central Polytechnic College, Chennai on 17.05.2021 [WP.No.11901/2021] ; as Office Assistant in the Tamil Nadu Archives, Egmore, Chennai on 19.05.2021 [WP.No.11903/2021] ; as an Office Assistant in the office of the Registrar of Cooperative Societies, Chennai on 11.05.2021 [WP.No.

11927/2021] ; as an Office Assistant in Technical Education Division, Office of the Executive Engineer [PWD], Department of Technical Education, Guindy, Chennai on 17.05.2021 [WP.No.11929/2021] and as an Office Assistant in Child Development Project Office, Thiruthuraipoondi, Thiruvarur District on 17.05.2021 (WP.No.11931/2021) by considering the representations of the petitioners dated 19.03.2021, 16.03.2021, 29.03.2021, 16.03.2021, 16.03.2021, 16.03.2021, 16.03.2021, 17.03.2021, 19.03.2021, 20.03.2021, 16.03.2021 and 16.03.2021 respectively.

For Petitioners in all WPs :

Mr.Kandan Doraisami For Official Respondents in all WPs :

Mr.C.Kathiravan Government Advocate COMMON ORDER 1.

By consent, the writ petitions are taken up for final disposal and disposed of by this common order as the issue to be adjudicated in the writ petitions is one and the same.

2.

Mr.C.Kathiravan, learned Government Advocate accepts notice on behalf of the official respondents in all the writ petitions.

3.

The prayer in the above writ petitions is for a mandamus simpliciter directing the respondents to consider the respective representations of the petitioners and to transfer them to a place nearby to the native district of Cuddalore on humanitarian basis after completion of their respective tenures in the respective posts on various dates.

4.

Mr.Kandan Doraisami, learned counsel for the petitioners would submit that the matter in issue is squarely covered by the order of this Court dated 19.05.2021 made in

WP.Nos.11888, 11891, 11893, 11894, 11896, 11886, 11887, 11889 & 11892/2021 and pray that the petitioners would be satisfied if a direction is issued to the respondents to consider their respective representations seeking the aforesaid relief in accordance with law within the time frame to be stipulated by this Court.

5.

The Court heard the submissions of the learned Government Advocate appearing for the official respondents. 6.

Considering the limited scope of prayer sought for by the petitioners in these writ petitions, this Court, without expressing any opinion on the merits of the petitioners' representations, directs the 1st respondent to consider and dispose of the representations of the petitioners dated 19.03.2021, 16.03.2021, 29.03.2021, 16.03.2021, 16.03.2021, 16.03.2021, 16.03.2021, 17.03.2021, 19.03.2021, 20.03.2021, 16.03.2021 and 16.03.2021 respectively, on merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners herein.

7.

The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar AP To 1.The Principal Secretary State of Tamil Nadu Department of Higher Education, Secretariat, Chennai 600 009.

2.The Principal Secretary to Government Social Welfare & Nutritious Meal Programme Department, Secretariat, Chennai 600 009. 3.The Commissioner, Commissionerate of Social Defence Old No.153, N32.No.300 Purasawalkam High Road Kellys, Chennai 600 010.

4.The Registrar Annamalai University, Annamalai Nagar, 5.The Commissioner, No.53, Sardar Patel Road, Guindy, Chennai 600 025. 6.The Principal Secretary to Government Social Welfare Department, Secretariat Chennai 600 009.

7.The Director, Directorate of Social Welfare Guindy, Chennai 600 032.

8.The Commissioner, Department of Museums, Egmore, Chennai-08.

9.The Commissioner, Tamil Nadu Archives No.50-51, Gandhi Irwin Road Egmore, Chennai 600008.

10.The Registrar, Cooperative Societies Chennai-10.

+12ccs to Mr.Muthumani Doraisami, Advocate SR.No.28654 to 28665 +1cc to Government Pleader SR.No.29013 Common order in WP.Nos.11877, 11879, 11880, 11881, 11882, 11884, 11900, 11901, 11903, 11927, 11929 & 11931/2021 SKY(CO) GMY(12/07/2021)