C.Kalyani v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2016

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P. No.2967 of 2016 C.Kalyani .. Petitioner Vs.

1.The Managing Director, Tamil Nadu State Marketing Corporation, Chennai.

2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation, Trichy.

3.The District Manager, Tamil Nadu State Marketing Corporation, Perambalur.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to consider the petitioner representation dated 23.11.2015 for posting him as Assistant Manager, Thanjavur in the existing vacancy as duly recommended by the second respondent in its Na.Ka.No.4423/2015[A] dated 11.12.2015. For Petitioner : Mr.V.Vijay Shankar For Respondents : Mr.B.Neduchezian

O R D E R

By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

2.The case of the petitioner is that he joined the service as Junior Assistant in the year 1983 and he is now working as an Assistant Manager under the third respondent and he is due to superannuate on 31.08.2016. The grievance of the petitioner is that he has several health related issues and he is undergoing regular treatment on account of health. So he had requested for transfer to Thanjavur, where his wife is working as B.T.Assistant. The same has been duly recommended by the third https://hcservices.ecourts.gov.in/hcservices/

respondent and by the first respondent in his proceedings dated 11.02.2015. However, the first respondent has not passed any orders of approval. In this regard, he made a representation dated 23.11.2015. Since no order is passed, he has come up with this Writ Petition.

3.Heard the submissions of Mr.V.Vijay Shankar, learned counsel appearing for the petitioner and Mr.B.Neduchezian, learned Standing Counsel, who accepts notice on behalf of the respondents.

4.This Court, taking into consideration the above facts and circumstances and without going into the merits of the same, directs the first respondent to consider the representation of the petitioner dated 23.11.2015 and pass orders, on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

5.The Writ Petition is disposed of accordingly. No costs. sri Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Managing Director, Tamil Nadu State Marketing Corporation, Chennai.

2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation, Trichy.

3.The District Manager, Tamil Nadu State Marketing Corporation, Perambalur.

+ 1 cc to Mr.B.Neduchezian, Advocate Sr 6021 + 1 cc to Mr.V.Vijay Shankar, Advocate Sr 6162 KR/3/3/16 W.P. No.2967 of 2016 https://hcservices.ecourts.gov.in/hcservices/