← Library
Madras High CourtWP/15644/2023dismissed as infructuous

S.Babu v. Secretary To Government,

2025-01-09Honourable Mr Justice J.Sathya Narayana Prasad5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2025 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.15644 of 2023 and W.M.P.Nos.15136 & 15137 of 2023 S.Babu ... Petitioner Vs.

1.Secretary to Government, Differently Abled Welfare Department, Secretariat, Chennai - 600 009.

2.Commissioner of Differently Abled Welfare, Chennai - 600 005.

... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorari calling for the records concerned relating to the order dated 13.05.2023 issued by the second respondent in Se.Mu.Order No.000704/No.1/2023 in so far as the petitioner is concerned, transferring the petitioner from Vellore to Thiruvallur and Cuddalore. For Petitioner :

Mr.M.Gnanasekar For Respondents :

Mr.M.Rajendiran, Additional Government Pleader Page No.1 of 5

O R D E R

The petitioner has filed this writ petition to call for the records concerned relating to the order dated 13.05.2023 issued by the second respondent in Se.Mu.Order No.000704/No.1/2023 in so far as the petitioner is concerned, transferring the petitioner from Vellore Thiruvallur to Cuddalore and quash the same.

2. When the matter was taken up for hearing, learned Additional Government Pleader appearing for the respondents submitted a written instruction from the Assistant Director (Administration), Commissionerate for Welfare of the Differently Abled, Chennai vide R.O.C.No.000704/Ad.1/2023, dated 09.01.2025. For better appreciation, the relevant paragraph of the written instructions are extracted hereunder: " 3. This Court vide order dated 18.05.2023 refused to grant interim stay to the impugned transfer order. Hence, complying with the transfer order, the petitioner joined in the transferred place i.e., Cuddalore Page No.2 of 5

and continues to discharge his duties as District Differently Abled Welfare Officer at Cuddalore from 2023.

4. Hence, since the petitioner has already joined in the transferred place and is working for more than 18 months at Cuddalore, the prayer of the writ petitioner has come infructuous.

3. Since the petitioner has joined in the transferred place i.e., Cuddalore, this writ petition becomes infructuous and nothing survives for further adjudication.

4. Accordingly, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed. 09.01.2025 (vm) Index :

Yes/No Speaking Order :

Yes/No Page No.3 of 5

J.SATHYA NARAYANA PRASAD,J.

vm To:

1.Secretary to Government, Differently Abled Welfare Department, Secretariat, Chennai - 600 009.

2.Commissioner of Differently Abled Welfare, Chennai - 600 005.

Page No.4 of 5

09.01.2025 Page No.5 of 5