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Madras High CourtWP/19347/2020disposed of

Aravanaiselvam v. The Chief Engineer

2021-08-06Honourable Mr Justice C. Saravanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

D A T E D : 06.08.2021 C O R A M The Hon'ble Mr. Justice C.SARAVANAN Writ Petition No.19347 of 2020 and WMP Nos.23940 and 29943 of 2020 (Through Video Conferencing) Aravanai Selvam ... Petitioner Vs.

1.The Chief Engineer, Tamil Nadu Electricity Board, No,800, Anna Salai, Mount Road, Chennai -2.

2.The Superintending Engineer E T P S, Ennore, Chennai - 600 057.

3.The Superintending Engineer, TANGEDCO, Vellore Division, Vellore. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus to call for the records relating to the impugned Transfer order in Ku.No.003945/326/Me Po./Ve. Mi/Ni Pi/U

2/2020 dated 21.03.2020 on the file of the 3rd respondent herein and quash the same.

For Petitioner : Mr.S.Lakshmanasamy For Respondent : Mr.P.Subramanian Standing counsel

O R D E R

The petitioner is 100% visually challenged person has challenged the impugned order in Ku.No.003945/326/Me Po./Ve. Mi/Ni Pi/U 2/2020 dated 21.03.2020 transferring him on administrative grounds from Ennore Thermal Power Station, Ennore to Vellore.

2. The case of the petitioner is that the second respondent had earlier suspended the petitioner by an order dated 02.03.2019 and thereafter revoked the same on 07.03.2020, but vide impugned order dated 21.03.2020 has transferred him to Vellore. It is the case of the petitioner that he is 100% visually challenged person and during this period, it is not possible for the petitioner to discharge his duty in Vellore alone away from his family. Under these circumstances, the petitioner sent representations dated 01.06.2020, 11.06.2020, 19.09.2020 and 11.10.2020 and the same were not considered by the respondents till date. The learned counsel for the

petitioner submits that the petitioner has already joined duty in Vellore. It is further submitted that there is no reason for transferring him from Chennai.

3. Heard the learned counsel for the Petitioner and the learned counsel for the respondents and perused the materials available on record.

4. Considering the extraordinary situation due to out brake of COVID 19 Pandemic and considering the fact that the petitioner is a 100% visually challenged person and the fact that the petitioner appears to be not directly involved in any alleged delinquency and that it was the petitioner's brother who was found misusing the petitioner's name by promising job in the Government Department, this Court is inclined to consider the prayer of the petitioner by directing the respondents to transfer the petitioner to any other location within the city of Chennai instead of asking the petitioner to continue to work from Vellore

5. This writ petition is disposed by directing the respondents to depute the petitioner in any other office within the city of Chennai within a period of 15 days from the date of receipt of a copy of this order. Consequently, connected WMPs are closed. No costs.

06.08.2021 Index :Yes/No Internet :Yes/No rrg To 1.The Chief Engineer, Tamil Nadu Electricity Board, No,800, Anna Salai, Mount Road, Chennai -2.

2.The Superintending Engineer E T P S, Ennore, Chennai - 600 057.

3.The Superintending Engineer, TANGEDCO, Vellore Division, Vellore.

C.SARAVANAN J., rr g

06.08.2021