Madras High CourtWP/39878/2015disposed of

D.Usharani, v. The Commissioner Of

2015-12-18Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2015

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.39878 of 2015 Usharani .. Petitioner Vs.

The Commissioner of Municipal Administration Chennai-5.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondent to transfer the petitioner who is working as Assistant Engineer at Ranipet to the near of her native place namely Ambattur and Avadi and she may be given a first preference to such transfer by applying the Government Letter in Letter (MS).No.92/S/09 dated 22.07.2009 personnel and Administrative Reforms (S) Department.

For Petitioner :M/s.S.Doraisamy For respondent :M/s.V.Jayaprakash Narayanan, Spl.GP.

O R D E R

This writ petition has been filed seeking for writ of mandamus directing the respondent to transfer the petitioner from Ranipet to nearest of her native place i.e., Ambattur or Avadi.

2.The learned counsel for the petitioner submitted that the petitioner is an handicapped lady with 50% permanent disability. She was selected and appointed as Assistant Engineer by the respondent on 04.11.2013 and posted at Ranipet Municipality. As per the letter of the Government in Letter (Ms) No.92/S/09 dated 22.07.2009 Personnel and Administrative Reforms (S) Department, the petitioner is entitled to be posted to her nearest residence. Since the petitioner's request/representation dated 23.11.2015 in this regard was not considered, the petitioner filed the present writ petition. 3.Heard the submissions of Mr.S.Doraisamy, learned counsel appearing for the petitioner and M/s.V.Jayaprakash Narayanan, Special Government pleader who accepts notice on behalf of the respondent.

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4.This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the respondent to consider the representations of the petitioner dated 04.08.2015 and 23.11.2015 and pass orders on merits and in accordance with law, within a period of four 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(CS II) //True Copy// Sub Assistant Registrar tsh To The Commissioner of Municipal Administration Chennai-5.

+1cc to M/s.S. Doraisamy, Advocate, S.R.No.68625 +1cc to the Government Pleader, S.R.No.68792 UG(CO) EU(05/01/2015) W.P.No.39878 of 2015 https://hcservices.ecourts.gov.in/hcservices/