P.Srinivasan v. Tamilnadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.21390 of 2023 and W.M.P.No.20802 of 2023 P.Srinivasan ... Petitioner

Versus

1.Tamil Nadu State Transport Corporation (Salem) Ltd., Rep. by its Managing Direction, No.12, Ramakrishna Salai, Salem-636 007.

2.The General Manager, Barathipuram, Dharmapuri - 636 705.

3.The Branch Manager, 4.The Branch Manager, Page No.1 of 6

5.The Branch Manager, Hasthampatti Branch, Salem.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue appropriate Writs, Orders and Directions and in particular issue a Writ in the nature of Certiorarified Mandamus after calling for the records pertaining to the order dated 07.07.2023 passed by 2nd respondent in Ref.No.Pani 4/7946/TNSTC/DPI/2023 transferring me from Krishnagiri Mofussil Branch to Salem Branch and the relieving order No.E1/Ki.Mo/Ki Town Nagar Branch/TNSTC (Salem)/2023-24 dated 10.07.2023 passed by 3rd respondent, quash the same and consequently direct the respondents to retain me in Krishnagiri Town Depot, Award costs. For Petitioner :

Ms.V.Porkodi For Respondents :

Mr.K.Raja *****

ORDER

This Writ Petition has been filed to call for the records pertaining to the order, dated 07.07.2023 passed by the 2nd respondent in Ref.No.Pani 4/7946/TNSTC/DPI/2023 transferring the petitioner from Krishnagiri Mofussil Branch to Salem Branch and the relieving order No.E1/Ki.Mo/Ki Town Nagar Branch/TNSTC (Salem)/2023-24, dated 10.07.2023 passed by 3rd respondent and quash the same and consequently direct the respondents to retain him in Krishnagiri Town Depot and award costs. Page No.2 of 6

2.This Writ Petition has been filed mainly on the ground that the order of transfer was not on any administrative ground but it was purely a punitive one since the petitioner raised industrial dispute against the management.

3.Heard both sides.

4.On perusal of the entire records, particularly, the impugned order, dated 07.07.2023, this Court is of the view that the contention of the petitioner is not sustainable and the transfer order has been passed on administrative reasons. The alleged complaints on industrial dispute said to have been raised by the petitioner in the year 2021 and the same is different aspect. Merely because some industrial dispute raised two years back, now it cannot be said that the administrative order transferring the petitioner from Krishnagiri to Salem is punitive one.

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5.Hence, there is no merits in this Writ Petition and the same is liable to be dismissed. Accordingly, this Writ Petition is dismissed. Consequently, the connected miscellaneous petition is closed. No costs. 20.07.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 To 1.The Managing Direction, No.12, Ramakrishna Salai, Salem-636 007.

2.The General Manager, Barathipuram, Dharmapuri - 636 705.

3.The Branch Manager, Page No.4 of 6

4.The Branch Manager, 5.The Branch Manager, Hasthampatti Branch, Salem.

Page No.5 of 6

N.SATHISH KUMAR , J.

vv2 20.07.2023 Page No.6 of 6