E.Murugan v. The Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2016

CORAM:

THE HON'BLE MR.JUSTICE K.K.SASIDHARAN and THE HON'BLE MR.JUSTICE M.VENUGOPAL Writ Appeal Nos.108 to 110 of 2016 and C.M.P.Nos.1326 to 1328 of 2016 E.Murugan ... Appellant in W.A.108/2016 V.Narayanan ... Appellant in W.A.109/2016 K.Lakshminarayanan ... Appellant in W.A.110/2016 Vs.

1.The Director Tamilnadu Fire and Rescue Services Department, Chennai -6.

2.The Deputy Director, Tamilnadu Fire and Rescue Services Department, North West Zone, Vellore.

... Respondents in all Writ Appeals Appeals filed under clause 15 of the Letters Patent against the common order dated 06.01.2016 made in W.P.Nos.39862, 39861 and 39863 of 2015 respectively. The above said Writ Petitions praying to call for the records of the respondents in connection with the impugned order issued by the 2nd Respondent in P.Aa.No.204/2015 in Na.Ka.No.3565/Aa1/2015-1 dated 16.10.2015 and quash the same. For Appellants : Mr.R.Dinesh Kumar For Respondents : Ms.A.Srijayanthi Special Government Pleader C O M M O N J U D G M E N T (delivered by K.K. SASIDHARAN,J.) These three intra court appeals are directed against a common order dated 06.01.2016 in W.P.Nos.39862, 39861 and 39863 of 2015 respectively, whereby and where under, the learned single Judge dismissed the writ petitions filed by the appellants challenging the order of transfer.

2. Heard the learned counsel for the appellants. https://hcservices.ecourts.gov.in/hcservices/

3. The appellants in the respective writ appeals were transferred to various stations by order, dated 16.10.2015. The appellants, challenged the transfer order primarily on the ground that it was a malafide exercise of power. The learned single Judge having found that the transfer was made on administrative grounds, dismissed the writ petitions. Feeling aggrieved, the appellants are before us.

4. The proceedings of the Deputy Director of Fire and Rescue Services, Vellore, dated 16.10.2015, indicates that the appellants were transferred to various places in the districts of Vellore, Kancheepuram and Thiruvallur. Though the transfer order contained a statement that the appellants made certain adverse remarks in violation of the Government Servants' Conduct Rules, the fact remains that the Government have not taken any disciplinary proceedings against them.

5. The learned single Judge was of the view that it was a simple transfer. The appellants were transferred to places in the neighbouring districts of Vellore, Kancheepuram and Thiruvallur. The learned single Judge considered the issues raised by the appellants and arrived at a right conclusion that the Deputy Director of Fire and Rescue Services was correct in passing the order of transfer. We do not find any error or illegality in the said order warranting interference by entertaining these intra court appeals.

6. In the result, the intra court appeals are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// svki Sub Assistant Registrar To 1.The Director Tamilnadu Fire and Rescue Services Department, Chennai -6.

2.The Deputy Director, Tamilnadu Fire and Rescue Services Department, North West Zone, Vellore.

+3cc's to Mr.R.Dinesh Kumar, Advocate, S.R.No.14211 to 14213 +1cc to the Government Pleader, S.R.No.14026 Writ Appeal Nos.108 to 110 of 2016 SAI(CO) CA(31/03/2016) https://hcservices.ecourts.gov.in/hcservices/