S.Babu v. Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.05.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN WA.No.1143 of 2023 & CMP.No.11511 of 2023 & W.P.No.15644 of 2023 & WMP.No.15137 of 2023 S.Babu ... Petitioner Vs
1. The Secretary to Government, Differently Abled Welfare Department, Secretariat, Chennai - 600 009.
2. The Commissioner of Differently Abled Welfare, Chennai - 600 005.
... Respondents Prayer:- Writ Petition filed under Clause 15 of the Letter Patent Act to allow this Writ Appeal by setting aside the Order dated, 18.05.2023 made in WMP.No.15137 of 2023 in W.P.No.15644 of 2023 passed by this court. 1/5
For petitioner : Mr.M.Gnanasekar For Respondents : Mrs.R.Anitha, Special Government Pleader
ORDER
This Writ Appeal has been filed to set aside the Order of this Court passed in WMP.No.15137 of 2023 in W.P.No.15644 of 2023 dated 18.05.2023 refusing to grant interim stay of the Order of the second respondent dated 13.05.2023.
2. The issue raised in the Writ Petition itself is on a narrow campus, the Writ Petition is taken up for consideration, with the consent of both the parties.
3. The writ petition got diploma in Prosthetic and Orthotic Engineering and was appointed as Orthotic Technician and promoted as District Differently Abled Welfare Officer in the year 2016 at Dharmapuri on 20.12.2013. Thereafter, it seems that he has been transferred from Krishnagiri and later transferred to Dharmapuri and from Dharmapuri, he was transferred to Vellore and subsequently transferred to Chengalpet and 2/5
on 13.05.2023, he has been transferred to Cuddalore and the same was put to challenge before the learned Single Judge, who had refused to grant an interim Order as against which the present appeal has been preferred.
4. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent.
5. Considering the fact that transfer of a Government Servant is incidental in his service, this Court is not inclined to interfere with the Order of the second respondent.
6. Accordingly, the Writ Appeal is dismissed. Subsequently, the Writ Petition in W.P.No.15644 of 2023 is also dismissed. Consequently, connected miscellaneous petitions are closed No costs. B.P., J. V.L.N.,J.
25.05.2023 vrc 3/5
To,
1. The Secretary to Government, Differently Abled Welfare Department, Secretariat, Chennai - 600 009.
2. The Commissioner of Differently Abled Welfare, Chennai - 600 005.
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B.PUGALENDHI, J.
AND V.LAKSHMINARAYANAN, J vrc 25.05.2023 5/5