N.Barath v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and W.M.P.No.20377 of 2023 N.Barath .. Petitioner

Versus

The General Manager Tamilnadu State Transport Corporation (Villupuram-II) Ltd Vellore Region Rangapuram, Vellore - 632 009 .. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order Memo No.830/E4/TNSTC(VPM)Vellore/2023-P dated 16.06.2023 of the respondent and quash the same and consequently direct the respondent to the post the petitioner back at Krishna Nagar depot. For Petitioner : Mr.S.T.Varadarajalu For Respondents : Mr.R.Venkatesa Perumal

ORDER

This writ petition has been filed challenging the transfer Memo No.830/e4/TNSTC(VPM)Vellore/2023-P dated 16.06.2023 passed by the respondent transferring the petitioner from Vellore to Tirupathur. 1/4

2. The case of the writ petitioner is that he is working as Conductor in the respondent Corporation from 27.12.2013. While so, the impugned order has been passed transferring the petitioner from Vellore to Tirupathur. Aggrieved, the petitioner has come up with this writ petition.

3. The petitioner challenges the impugned order which was passed on the ground of administrative exigencies, whereas, it is the contention of the petitioner that the transfer is a result of malafide as he had sought for certain information, therefore, he has been victimised. According to him, therefore, the transfer order has to be stalled.

4. Heard both sides and perused the materials placed on record.

5. At the outset, this Court is unable to countenance the submission of the learned counsel. The transfer being incidental of service, one cannot squat on the same place and allege that the Order has to be set aside. The petitioner is transferred from Vellore to Tirupathur which is hardly one hour of travel. In such view of the matter, every transfer made in the administrative exigencies cannot be challenged in a writ petition, I do not find any merits in the case. 2/4

6. Accordingly, the writ petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs. 17.07.2023 dhk Internet: Yes/No To The General Manager Tamilnadu State Transport Corporation (Villupuram-II) Ltd Vellore Region Rangapuram, Vellore - 632 009 3/4

N.SATHISH KUMAR, J.

dhk W.P.No.21006 of 2023 17.07.2023 4/4