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Madras High CourtWP/13802/2018disposed of

C.Soundarrajan, v. The Chairman,

2018-06-08Honourable Mr Justice Satrughana Pujahari7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.06.2018 CORAM :

THE HONOURABLE MR. JUSTICE SATRUGHANA PUJAHARI W.P. No.13802 of 2018 and WMP.Nos.16425 and 16426 of 2018 C.Soundarrajan ..Petitioner Vs.

1. The Chairman, Golden Palm Canteen, HQ Dakshin Bharat Area, Island Grounds, Chennai- 600 009.

2. The Executive Director, Dhakshin Bharat Area Canteen, Golden Palm Canteen, Vellore.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarifed Mandamus to call for records relating to impugned proceedings issued by the 1st Respondent in EXC/300Tfr dated 04.05.2018 and to quash the same and consequently directing the Respondents to allow the petitioner to continue to work in the post of Senior Sales man in Extention Counter, (Ex-Servicemen

Centeen) at Tiruvannamalai.

For Petitioner : Mr.B.Jawahar

O R D E R

This Writ Petition has been filed seeking challenging proceedings issued by the 1st Respondent in EXC/300Tfr dated 04.05.2018 and to quash the same and consequently direct the Respondents to allow the petitioner to continue to work in the post of Senior Sales man in Extention Counter, (Ex-Servicemen Centeen) at Tiruvannamalai.

2. Heard the learned counsel for the petitioner.

3. It appears that the petitioner was a Ex-service man and now serving in the canteen of the respondents for the past 17 years and he has only one year of service to go on for retirement. At this juncture, he has been transferred from Tiruvannamalai to Vellore, which 92 km. away from his place. Hence, the petitioner has filed this Writ Petition with a prayer to quash the transfer order and direct the

respondents to allow the petitioner to continue to work respondents canteen.

4. However, during the course of hearing, it is submitted by the learned counsel for the petitioner that the petitioner in this regard has made a representation and is yet to be considered. But, the petitioner is going to be relieved today i.e. 08.06.2018 and he has to join in the new post.

5. Considering the facts and circumstances of the case, this Court is of the considered view that no useful purpose is going to be served in seeking counter affidavit from the respondents,in this regard and as such this Writ Petition can be disposed of with a direction to the respondents to look into the grievance of the petitioner within a stipulated period taking into note of the aforesaid fact that the petiioner is having one more year of service to go on for retirement.

6. Accordingly, this Writ Petition is disposed of with a direction to the respondent to consider the representation of the petitioner dated 21.05.2018, with regard to the grievance expressed by

him that he has only one year service for retirement and pass orders, within a period of three weeks from the date of receipt of a copy of this order. However, it is made clear that till the orders are passed on the representation of the petitioner, if the petitioner has already been relieved and not joined in the new place of posting, no coercive action shall be taken against him for not joining in the new post of transfer. No costs. Consequently, connected Miscellaneous Petition is closed. 08.06.2018 arr Note: Issue order copy on 13.06.2018 Index : Yes/No Internet : Yes arr

To

1. The Chairman, Golden Palm Canteen, HQ Dakshin Bharat Area, Island Grounds, Chennai- 600 009.

2. The Executive Director, Dhakshin Bharat Area Canteen, Golden Palm Canteen, Vellore.

SATRUGHANA PUJAHARI.,J arr W.P.No.13802 of 2018 08.06.2018