M.Durairaj v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2016
CORAM
THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.No.2374 of 2016 & W.M.P.No.2060 of 2016 M.Durairaj ... Petitioner Vs.
1. The Chairman, Tamil Nadu Electricity Board, No.144, Annasalai, Chennai.
2. The Executive Engineer (O&M), Mayiladuthurai.
3. The Superintendent Engineer, Nagapattinam.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari to call for the records leading to the passing of the impugned order issued by the second respondent vide proceedings in letter No.03/SePo/EeP/MaThurai/NiMo/Vu.1/Ko.NeeMa Vazhakku/ 2015, dated 07.01.2016 and quash the same.
For petitioner : Mr.O.Djearany For Respondents : Mrs.R.Varalakshmi
ORDER
Aggrieved against the order of rejecting his request for re-transfer, the petitioner has filed the present writ petition.
2. It is the contention of the learned counsel for the petitioner that in obedience to the transfer order, he is now working in the transferred place. It is stated that due to the said transfer order, he has been put to grave prejudice as his daughter is now studying 12th standard. Therefore, though he has made a specific request for re-transfer, the same was not considered by the authorities.
3. Learned standing counsel appearing for respondents submitted that the transfer is part of a service conditions and therefore, such transfer order of the respondent passed on administrative ground cannot be questioned by the petitioner.
4. Taking note of the fact that the petitioner, in obedience to the transfer order, has joined the duty in the transferred place and also by taking note of the further fact that his daughter is also studying 12th standard, this Court, by setting aside the impugned order, directs the respondents to consider the representation of the petitioner again and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. With this direction, the writ petition stands disposed of. No Costs. WMP.No.2060 of 2016 is closed.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rkm To
1. The Chairman, Tamil Nadu Electricity Board, No.144, Annasalai, Chennai.
2. The Executive Engineer (O&M), Mayiladuthurai.
3. The Superintendent Engineer, Nagapattinam.
+1cc to Mr.O.Djearany for A.Tamilvanan, Advocate, S.R.No.32116 W.P.No.2374 of 2016 AD(CO) CA(22/06/2016)