Mylsamy v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05..07..2023 Coram THE HON'BLE MR JUSTICE N.SATHISH KUMAR Writ Petition No.19608 of 2023 & W.M.P.Nos.18866 & 18867 of 2023 Mylsamy ..... Petitioner -VersusThe Managing Director, Tamil Nadu Government Transport Corporation Division-II Salem, No.2, Ramakrishna Road, Salem-2.

..... Respondent Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the respondent made in E2/821/Tha.A.Po.Ka/(Salem)/2022 dated 19.12.2022 passed by the respondent and to quash the same as illegal and direct the respondent to cancel the order of transfer of the petitioner. For Petitioner : Mr.K.Nagarajan For Respondent : Mr.K.Raja, Standing Counsel

ORDER

This writ petition challenges the order of transfer dated 19.12.2022 issued by the respondent transferring the petitioner from Valapadi Branch to

Erumaipalayam-1 Branch.

2. According to the petitioner, the order of transfer was not on any administrative ground but it was purely a punitive one as he is the Deputy Secretary of Tamil Nadu Government Transport Corporation Staff Federation and an active member of the Staff Federation. He had been transferred twice on the earlier occasions.

3. Heard both sides.

4. Transfer is not only an incidental to service, but an essential condition of service as well. The petitioner cannot seek to stall the transfer by putting forth bald allegations. This court does not find any perversity or illegality in the impugned order of transfer. Therefore, the writ petition is devoid of merits and the same is liable only to be dismissed. The writ petition is dismissed accordingly. No costs. Consequently connected WMPs are closed. 05..07..2023 Index : yes / no : yes / no Speaking / Non Speaking Order kmk To 1.The Managing Director, Tamil Nadu Government Transport Corporation Division-II Salem, No.2, Ramakrishna Road, Salem-2.

N.SATHISH KUMAR.J., kmk 05..07..2023