P.Gopalan Driver C25867 v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :06.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.23980 of 2019 and WMP.No.23830 of 2019 P. Gopalan ..Petitioner vs

1. The Managing Director, Tamil Nadu State Transport Corporation Coimbatore Ltd, No.37, Mettupalayam Salai, Coimbatore-43.

2. The General Manager, Tamil Nadu State Transport Corporation Coimbatore Ltd, Thirupur Region, Udumalai Branch, Kangayam Road, Thirupur.

3. The Branch Manager, Tamil Nadu State Transport Corporation Coimbatore Ltd, Thirupur Region, Thirupur -I Branch, Kangayam Road,Thirupur. .. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ, more particularly a writ of certiorarified mandamus to call for the records relating to impugned order No.2115/E.3.Aa/Pa.thu1/tha.aa.po.ka (Ko)18 dated 27.04.2018 passed by the 2nd respondent quash the same as illegal, arbitrary and consequently direct the respondents to place the petitioner in his original place at Udumalai Branch of 2nd respondent.

For Petitioner : Mr. G.Vaishali For Respondents : Mr. Rajini Ramadoss

O R D E R

The petitioner has come forward with this Writ Petition seeking to quash his transfer from Udumalaipet to Thirupur-I Branch.

2. The petitioner in the affidavit filed in support of the petition stated that he was appointed as Driver under the second respondent and working at Udumalaipet Branch.

3. The petitioner has also stated that he is an active Member of Trade Union. While so, the second respondent has issued an undated transfer order directing him to report before Thirupur-I Branch. According to the petitioner he was initially given an order for transfer dated 27.04.2018. The petitioner made a representation to consider his transfer and accordingly he was allowed to continue in the present Station. Subsequently by way of impugned order dated 27.04.2018 he was transferred from Udumalaipet Branch to Thirupur -I Branch. According to the petitioner the transfer place is more than 100 kilometer from his present station and therefore his entire family would suffer on account of his transfer. Moreover the petitioner has alleged malafides against the second respondent for issuing the order of transfer.

4. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent Corporation.

5. This Court perused the records. The petitioner has been working as driver in Udumalaipet branch. He was transferred due to administrative reasons to Thirupur-I Branch. The petitioner has not established that his transfer was with any malafide intention. In the absence of any valid reasons, this Court is not inclined to interfere with the transfer order, which is on administrative grounds. Hence, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar mrn

To 1.The Managing Director, Tamil Nadu State Transport Corporation Coimbatore Ltd, No.37, Mettupalayam Salai, Coimbatore-43.

2.The General Manager, Tamil Nadu State Transport Corporation Coimbatore Ltd, Thirupur Region, Udumalai Branch, Kangayam Road, Thirupur.

3.The Branch Manager, Tamil Nadu State Transport Corporation Coimbatore Ltd, Thirupur Region, Thirupur -I Branch, Kangayam Road,Thirupur.

+1cc to M/s.S.Rajeni Ramadass, Advocate SR.77986 W.P.No.23980 of 2019 and WMP.No.23830 of 2019 LN(CO) CB(03/12/2019)