V.Karuppusamy v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.34557 of 2015 V.Karuppusamy

...Petitioner

Vs.

1.

The Director Fire and Recue Services Department Chennai - 6.

The Joint Director Fire and Recue Services Department Coimbatore (West) Division Coimbatore - 18.

District Officer Fire and Recue Service Department Coimbatore.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to transfer the petitioner to Coimbatore District from Nilgiris District by giving first preference to the petitioner or transfer the petitioner when vacancy arise in Coimbatore District with the same post with expected pay scale by considering the petitioner's representation dated 20.01.2015 and representation dated 11.06.2015.

For Petitioner :

Mr.I.Arockia Selvaraj For RR 1 & 2 :

Mr. S.Gunasekar Government Advocate For 3rd Respondent :

Mr.N.Srinivasan Additional Government Pleader

O R D E R

By consent, the Writ Petition is taken up for final disposal.

The petitioner was temporarily promoted as leading Fireman and posted to Gudalur Station, Kothagiri in Nilgiris District. He has submitted a representation dated 11.06.2015 before the second respondent praying for transfer to Coimbatore for the reason that his children are studying 3rd and 7th standard respectively and he has look after his age old mother, who requires constant medical attention. Since it has not been disposed of, he came forward to filed this Writ Petition. This Court heard the submissions of Mr.I.Arockia Selvaraj, learned counsel appearing for the petitioner, Mr. S.Gunasekar, learned Government Advocate, who accepts notice on behalf of the respondents 1 and 2 and Mr.N.Srinivasan, learned Additional Government Pleader, who accepts notice on behalf of the third respondent.

4.

Though the petitioner prayed for larger relief, this Court in the light of the facts and circumstances and without going into the merits of the representation of the petitioner, directs the second respondent to consider and dispose of the petitioner's representation dated 11.06.2015 on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. 5.

The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar vsg

To 1.

The Director Fire and Recue Services Department Chennai - 6.

The Joint Director Fire and Recue Services Department Coimbatore (West) Division Coimbatore - 18.

District Officer Fire and Recue Service Department Coimbatore.

1 CC to Mr.I.Arockia Selvaraj, Advocate SR.No. 59095 1 CC to the Government Pleader, SR.No. 59243 W.P.No.34557 of 2015 KK (CO) PSI (06.11.2015)