Selvaraj v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.04.2024
CORAM
THE HONOURABLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY and WMP.Nos.12050 & 12051 of 2024 Selvaraj ... Petitioner -Vs1. The Managing Director The Tamil Nadu State Marketing Corporation Limited (TASMAC) Gandhi Irwin Road, Egmore, Chennai 600 008.
2. The Senior Regional Manager, The Tamil Nadu State Marketing Corporation Limited (TASMAC) Coimbatore.
3. The District Manager/Sub Collector, The Tamil Nadu State Marketing Corporation Limited (TASMAC) Thiruppur District.
4 S. Nagaraj ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus by calling for the records by calling for the records in respect of the impugned order passed
by the 3rd respondent vide R.C.No.76/2024/A1 dated 17.02.2024 and quash the same and consequently direct the third respondent to permit the petitioner to join as Supervisor at Shop No.2347 Kangeyam. For Petitioner : Mr.P.Muthukrishnan For Respondent : Mr.M.Sekar Standing Counsel for R1 to R3
O R D E R
This writ petition is filed for issuance of Writ of Certiorarified Mandamus by calling for the records by calling for the records in respect of the impugned order passed by the 3rd respondent vide R.C.No.76/2024/A1 dated 17.02.2024 and quash the same and consequently direct the third respondent to permit the petitioner to join as Supervisor at Shop No.2347 Kangeyam.
2. The petitioner was originally working as a Supervisor at Shop No.2201, Sevur, Avinashi Taluk. which is 250 km away from his house. Hence he submitted a representation dated 07.12.2022 to the respondents expressing his difficulties. Thereafter, considering his request, the respondents issued a proceedings dated 09.12.2023 and he was transferred from Shop No.2201 Sevur, Avinashi Taluk to Shop No.2347 Kangeyam. However, the person who was working in the said shop i.e Shop No.2347 has approached this Court by
way of W.P.No.2960 of 2024 and this Court had only granted an interim stay of the said order. While implementing the said order, transfer impugned order was passed. However, the impugned order states that the transfer itself is cancelled.
3. Heard both sides and perused the materials available on record.
4. The learned Standing Counsel submitted that the impugned order only orders implementation of the interim order of this Court and the words "uj;J bra;ag;gl;L" need not be meant as such. If the interim order is vacated and the writ petition is disposed of, once again the transfer will be implemented.
5. In view thereof, this writ petition is disposed of on the following terms.
(i) The impugned order dated 17.02.2024 is read to mean only the implementation of the interim order of this Court and the original transfer order dated 09.12.2023 will be implemented subject to the out come of the W.P.No.2690 of 2024.
(ii) This writ petition is partly allowed on the above terms. No costs. Consequently, connected miscellaneous petitions are also closed. 23.04.2024 Index : Yes/No Speaking order/Non-speaking order dpq To
1. The Managing Director The Tamil Nadu State Marketing Corporation Limited (TASMAC) Gandhi Irwin Road, Egmore, Chennai 600 008.
2. The Senior Regional Manager, The Tamil Nadu State Marketing Corporation Limited (TASMAC) Coimbatore.
3. The District Manager/Sub Collector, The Tamil Nadu State Marketing Corporation Limited (TASMAC) Thiruppur District.
D. BHARATHA CHAKRAVARTHY , J.
dpq 23.04.2024