D.Vijayakumar v. The Director Of Agriculture
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 26.06.2018 Coram The Hon'ble Mr.Justice Satrughana Pujahari Writ Petition No.15627 of 2018 and W.M.P.Nos.18559 and 18560 of 2018 D. Vijayakumar
...Petitioner
Vs.
1. The Director of Agriculture, Chepauk, Chennai - 600 005.
2. The Joint Director of Agriculture, 43/578-B, Sir C.V.Raman Street, 2nd Cross Road, Rajajipuram II, Thiruvallur - 602 001.
3. The Joint Director of Agriculture, Panjupettai, Kancheepuram - 631 502.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the Director of Agriculture, Chepauk, Chennai - 600 005, first respondent to transfer the petitioner from the post of Assistant Director of Agriculture, Thiruporur, Kanchipuram District, to the vacant post of Assistant Director of Agriculture, Ambattur, Thiruvallur District, so as to allow the petitioner to continue in the post at Ambattur for 9 months till his retirement on 31.03.2019, by considering his claim submitted on 18.06.2018 as a special case on medical grounds forthwith.
For Petitioner : Mr.K.Rajkumar For Respondents : Mrs.R.Janaki Additional Government Pleader
O R D E R
Heard Mr.K.Rajkumar, the learned counsel appearing for the petitioner and Mrs.R.Janaki, the learned Additional Government Pleader, who accepts notice on behalf of the respondents. With consent of the learned counsel on either
side, the Writ Petition is taken up for disposal.
2. The grievance of the petitioner is that though he has nine months to go in his service, inasmuch as his date of superannuation is 31.03.2019 and has bed-ridden parents, as such, he has made a representation on 05.04.2017 to transfer him to an equivalent post in Ambattur, but, inspite of availability of many posts to accommodate him in Ambattur, the same has not been considered by the respondents. He has also sent a reminder to the representation dated 05.04.2017 on 18.06.2018. Still no response. Thus, aggrieved over such inaction on the part of the respondents, the petitioner has filed this Writ Petition seeking issuance of a writ of mandamus, directing the respondents to consider his representation to transfer him to an equivalent post at Ambattur.
3. The learned Additional Government Pleader appearing for the respondents submits that, if such a representation is pending since 2017, the respondents will take necessary steps for disposal of the same within the stipulated period, as directed by this Court.
4. Considering the aforesaid facts, this Court, without expressing any opinion on the merits of the representation, disposes of this Writ Petition with a direction to the first respondent to consider the representation of the petitioner, dated 05.04.2017, which was followed by reminder, dated 18.06.2018, in regard to his transfer to a post in Ambattur, taking note of the facts and situation, especially, verifying the aspect that his parents are bed-ridden and the petitioner is at the verge of his retirement within six weeks of receipt of the copy of this order. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.
Sd/- Deputy Registrar //True copy// Sub Assistant Registrar sd To
1. The Director of Agriculture, Chepauk, Chennai - 600 005.
2. The Joint Director of Agriculture, 43/578-B, Sir C.V.Raman Street, 2nd Cross Road, Rajajipuram II, Thiruvallur - 602 001.
3. The Joint Director of Agriculture, Panjupettai, Kancheepuram - 631 502.
+1cc to Mr.K.Rajkumar, Advocate SR.No.40189 +1cc to Government Pleader SR.No.40965 Writ Petition No.15627 of 2018 GN(05/07/2018)