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Madras High CourtWP/17572/2023dismissed

D.Senthil Kumar v. Agriculture Insurance Company Of India Ltd

2023-07-21Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.17572 of 2023 & WMP.Nos.16679 & 19234 of 2023 D.Senthil Kumar ... Petitioner Vs

1. Agriculture Insurance Company of India Ltd., Represented by its General Manager, Office Complex, Block No.1, 5th Floor, East Kidwal Nagar, New Delhi - 110 023.

2. Agriculture Insurance Company of India Ltd., Represented by its Regional Manager, Regional Office, Andhra Insurance Building, Thambu Chetty Street, Chennai - 600 001.

... Respondents Prayer:- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Certiorari by calling for the records relating to the proceedings of impugned transfer Order dated 25.05.2023 of the first respondent and quash the same.

For petitioner : Mr.M.Devaraj, 1/6

for M.Ganesh For respondents : Mr.S.Vijayakumar, Senior Counsel, for Mr.A.V.Balusamy & Mr.J.Melwin Jabaz - R1 & R2

ORDER

This Writ Petition has been filed to quash impugned proceedings of transfer Order dated 25.05.2023 of the first respondent.

2. The petitioner is an Administrative Officer in Agriculture Insurance Company India Ltd. and he has been working in Chennai from 2013 onwards. However, he has been transferred by the impugned Order to Ranchi. The transfer has been challenged on the ground that writ petitioner's wife is suffering from Pott's Spine [Spine affected wih Tuberculosis] and she underwent a major critical surgery. Besides, he has also challenged the Order on the ground that his father is suffering from heart ailments and he has to take care of him. Hence, challenging the impugned proceedings, the present Writ Petition has been filed.

3. This Court has initially granted stay of the impugned Order. 2/6

4. It is the contention of the respondents that the petitioner is working in Chennai for more than 10 years. The allegation that the wife of the petitioner is under medical treatment is also denied. It is their case that at the relevant point of time, the petitioner along with his family availed the Leave Travelling Allowance applicable to his wife in State Bank of India from 22.05.2023 to 30.05.2023 and he has sent a mail to the respondents on 31.05.2023 informing that he was on leave for the aforesaid period and he sought for extention of leave for two more weeks on the ground of ill-healthof his father and expressed his inability to report to Regional office Ranchi before 01.06.2023 as per the transfer Order. Therefore, it is clear that the petitioner made up his mind to join at the transferred place before 01.06.2023. Despite several opportunities given to the petitioner to join Regional Office Ranchi, instead of joining in Ranchi, the petitioner has filed the present Writ Petition and hence, the same is liable to be dismissed.

5. I have perused entire materials. It is seen that the petitioner is 3/6

working in Chennai for more than 10 years. It is also seen that the petitioner has availed leave travelling allowance appliable to his wife during the relevant period. Be that as it may.

6. The petitioner has been transferred to Ranchi and despite several opportunites given to him, he has not joined in the transferred place. The petitioner having requested the respondents to extend time to join, despite extension has been granted by the respondents, the petitioner without joining in the new station, has filed this Writ Petition suppressing all these facts. In such view of the matter, I do not find any mertis in this Writ Petition. Since transfer is incidental and service condition, the petitioner, being a Government servant, cannot stall the transfer on the ground of ill health of his family members. The stay already granted is also vacated.

7. At this stage, the learned counsel for the petitioner submitted that some time may be granted to the petitioner to join in the new place.

8. Accordingly, the stay already granted by this Court on 4/6

14.06.2023 is vacated and this Writ Petition is dismissed. The petitioner shall join in the new place within a period of 10 days. No costs. 21.07.2023 Index:Yes/No vrc To,

1. Agriculture Insurance Company of India Ltd., Represented by its General Manager, Office Complex, Block No.1, 5th Floor, East Kidwal Nagar, New Delhi - 110 023.

2. Agriculture Insurance Company of India Ltd., Represented by its Regional Manager, Regional Office, Andhra Insurance Building, Thambu Chetty Street, Chennai - 600 001.

5/6

N.SATHISH KUMAR, J.

vrc WP.No.17572 of 2023 21.07.2023 6/6