Madras High CourtWP/12015/2024disposed of

M.Kavikkumar v. State Of Tamilnadu

2024-04-26Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.13103 of 2024

1. Dr.M.Kavikkumar

2. Dr.A.Pushparaj

3. Dr.S.Mariyappan .. Petitioners

Versus

1. State of Tamil Nadu, Represented by its Principal Secretary to the Government, Health and Family Welfare Department, Secretariat, Chennai - 9.

2. The Commissioner, Food Safety and Drug Administration Department, DMS Complex, Anna Salai, Teynampet, Chennai - 6.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondent No.2 herein to consider the request for Transfer made by the petitioners by their applications, dated 13.07.2022, 11.07.2022, 20.06.2022 respectively in the light of the letter issued by the respondent No.2 vide 1/5

R.No.5594/2022/S1/FSD, dated 15.06.2022 and G.O.Ms.No.10, dated 07.01.1994, issued by the Administrative Reforms Department. For Petitioners : Mr.K.Thilageswaran For Respondents : Mr.Bindhran, Additional Government Pleader

ORDER

This Writ Petition is filed for a direction to the second respondent to consider the request for transfer made by the petitioners by their applications in the light of the letter issued by the second respondent, dated 15.06.2022 and G.O.Ms.No.10, dated 07.01.1994.

2. The case of the petitioners is that all three petitioners have made applications for request transfer on 13.07.2022, 11.07.2022 and 20.06.2022 respectively as per the transfer guidelines. The same have not been considered and hence this Writ Petition.

3. Transfer and place of posting are the incidents of service and it is for the respondents to consider the request transfer as per the policy. The learned Additional Government Pleader for the respondents submits that the request transfer, if any, will be considered as per the request transfer 2/5

seniority as and when the exercise of considering the general transfer is taken up in the department.

4. Accordingly, this Writ Petition is disposed of with a direction to the respondents to consider the applications of the petitioners for request transfer in the manner known to law and in accordance with their transfer policy as and when the issue of considering the request transfer is taken up. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

26.04.2024 Index : yes Speaking order : no grs To

1. The Principal Secretary to the Government, Health and Family Welfare Department, Secretariat, Chennai - 9.

2. The Commissioner, Food Safety and Drug Administration Department, DMS Complex, Anna Salai, 3/5

Teynampet, Chennai - 6.

4/5

D.BHARATHA CHAKRAVARTHY, J.

grs and W.M.P.No.13103 of 2024 26.04.2024 5/5