R.Mahesan v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.06.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P. No. 14938 of 2017 and W.M.P. No.16175 of 2017 R.Mahesan ...

Petitioner Vs.

1. The General Manager, Tamil Nadu State Transport Corporation, (Coimbatore) Limited, Erode Region, Chennaimalai Road, Erode.

2. The Assistant Manager, Tamilnadu State Transport Corporation, (Coimbatore) Limited, Erode Region, Chennaimalai Road, Erode.

...

Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus calling for the records pertaining to the transfer order Pa.No.403/P2/Pa Pe1/TNSTC/Coimbatore/EMA.17, dated 09.03.2017 published by the 2nd respondent and quash the same and consequently direct the 2nd respondent to permit the petitioner to continue to work as a driver in Anthiyur branch.

For Petitioner :

Mr.Deepan Uday For Respondents :

Mr.A.Antony Arockia Raja

O R D E R

The present writ petition has been filed questioning the impugned order of transfer from Anthiyur branch to Erode-1 branch, a distance of 50 K.m.

2. Learned counsel for the petitioners would submit that when the petitioner is working as a Driver in the respondentTransport Corporation in Anthiyur branch, Erode region, without even giving notice to find out the convenience of the petitioner, the impugned order has been passed by the Assistant Manager, Tamil Nadu State Transport Corporation (Coimbatore) Limited, Erode Region, as a result the petitioner, who is taking treatment for his illness, has been put to grave prejudice. https://hcservices.ecourts.gov.in/hcservices/

3. This Court is not inclined to entertain the writ petition for two reasons. Firstly, the petitioner has been transferred within the same Erode region, which is about 50 kilometres. Secondly, although he claims that he is taking treatment, he has not produced any document to show that he is suffering from any illness. In that view of the matter, this Court is not able to agree with the contentions placed before this Court. Accordingly, the writ petition fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.

-s/d- Assistant Registrar(CS-VIII) True Copy Sub-Assistant Registrar To

1. The General Manager, Tamil Nadu State Transport Corporation, (Coimbatore) Limited, Erode Region, Chennaimalai Road, Erode.

2. The Assistant Manager, Tamilnadu State Transport Corporation, (Coimbatore) Limited, Erode Region, Chennaimalai Road, Erode.

+1 CC to Mr.A. Antony Arockiaraja, Advocate sr 42418 +1 CC to Mr.Deepan Uday sr 42473 W.P.No.14938 of 2017 SKV(CO) sp/27/6 https://hcservices.ecourts.gov.in/hcservices/