M.S.Manikandan v. Chief Engineer

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.06.2024 CORAM :

The Hon'ble MR.JUSTICE D.BHARATHA CHAKRAVARTHY, J. M.S.Manikandan .. Petitioner -vs1. Chief Engineer, Grid Operation, 3rd Floor, TANTRANSCO New Building, TNEB Head Quarters, 144, Anna Salai, Chennai 600 002.

2. Superintending Engineer, LD & GO., State Load Despatch Centre, TANTRANSCO, 144, Anna Salai,

3. Executive Engineer, LD, State Load Despatch Centre, TANTRANSCO, 144, Anna Salai,

4. Chief Engineer/Personnel, 8th Floor, TANGEDCO, TNEB Head Quarters, 144, Anna Salai, .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 3rd

respondent to relieve the petitioner from the post of Assistant Engineer/Electrical/ Scheduling/REMC/CE/Operations, O/o.

Superintending Engineer/LD & GO, Grid Operation/TANTRANSCO, 144, Anna Salai, Chennai 600 002 forthwith in compliance with the order of Transfer dated 08.11.2023 bearing Memo No.042610/G.11/G.111/2023-3 issued by the Chief Engineer/Personnel, Chennai and reposting order dated 20.11.2023 bearing Memo No.019252/1078/Adm.I/A.1/2023 issued by the Superintending Engineer, Vellore, and consequently permit the petitioner to join the post of Assistant Engineer, O/o.SE/Operation/Thiruvalam in the existing vacancy as per the transfer and reposting order issued by the respondents within the time limit stipulated by this Court with all other consequential benefits.

For Petitioner :

Mr.John Joseph.R.

for P.V.S.Giridhar Associates For Respondents :

Mr.K.Rajkumar * * * * *

ORDER

The grievance of the petitioner is that by an order of transfer dated 20.11.2023, the petitioner was transferred from his present post, that is, Assistant Engineer/Electrical at Chennai to Assistant

Engineer/Electrical, Thiruvalam. The said order was passed as per the request of the petitioner and after considering the transfer cases on request on their own merits as per the policy of the respondents. Even thereafter, till today, the respondents have not relieved the petitioner and hence the writ petition.

2. When the writ petition came up for hearing on the last occasion, Mr.Rajkumar, the learned counsel taking notice on behalf of the respondents, submitted that one Balaji is posted in place of the petitioner as reliever. The nature of the post is that the petitioner cannot be relieved without the reliever joining the duty. Once the said Balaji joins the petitioner's place, thereafter, the petitioner would be relieved.

3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submits that the said Balaji has already joined and therefore, the petitioner may be relieved.

4. The learned counsel for the respondents submits that the nature of duties requires the petitioner to train the said Balaji for a period of two weeks and thereafter, the petitioner will be relieved.

The said submissions made by the learned counsel for the respondents is placed on record. In view thereof, the respondents shall relieve the petitioner, in any event, not later than a period of three weeks from today.

5. The writ petition is disposed of accordingly. No costs. 19.06.2024 Index : Yes Website : Yes Speaking Order sra To

1. The Chief Engineer, Grid Operation, 3rd Floor, TANTRANSCO New Building, TNEB Head Quarters, 144, Anna Salai, Chennai 600 002.

2. The Superintending Engineer, LD & GO., State Load Despatch Centre, TANTRANSCO, 144, Anna Salai,

3. The Executive Engineer, LD, State Load Despatch Centre, TANTRANSCO, 144, Anna Salai,

4. The Chief Engineer/Personnel, 8th Floor, TANGEDCO, TNEB Head Quarters, 144, Anna Salai,

D.Bharatha Chakravarthy, J.

(sra) 19.06.2024