A.Nagaraj v. The General Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.12.2021
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.No.25785 of 2021 A.Nagaraj ..Petitioner Vs
1. The General Manager, Engine Factory, Avadi, Chennai - 600 054.
2. The General Manager, High Energy Projectile Factory, Government of India, Ministry of Defence, (A Unit of Ordnance factory Board), Trichy - 620 025.
3. The General Manager, Ordnance Factory Tiruchirappalli, Ordnance Estate, Tiruchirappalli - 620 016
4. The Director General, Ordnance Factories Ordnance Factory Board, Ministry of Defence, Ayudh Bhavan, No-A, Shaheed Khudiram Bose Road, Kolkata - 700 001.
...Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st respondent to consider the representation dated 20.09.2021 made by the petitioner transfer to 1st respondent Factory at Chennai to 2nd and 3rd respondents factory at Trichy in his native place.
For Petitioner : Mr.P.Veeraraghavan For Respondents : Mr.M.Ramamoorthy
O R D E R
This writ petition has been filed to issue a Writ of Mandamus to direct the 1st respondent to consider the representation dated 20.09.2021 made by the petitioner for transfer from the 1st respondent Factory at Chennai to 2nd and 3rd respondents Factory at Trichy in his native place.
2. According to the petitioner, he was working as machinist in the 1st respondent factory. According to him, he developed depression, anxiety which had affected his health. He was taking treatment with the consultant psychiatrist at Billroth Hospital in Chennai City and was diagnosed as major depressive disorder and was advised to get posting in a place where he could feel mentally comfortable.
3. In the circumstances, he appeared to have submitted a representation seeking transfer to Ordnance Factory located in Trichy. Since his request was not considered, the present writ petition has been filed with the prayer for issuance of Writ of Mandamus.
4. The writ petition is not maintainable for the simple reason that the petitioner belonging to Central Government Service and the factory in which he is working comes under the control of Ministry of Defence, Government of India undertaking, the proper remedy is to approach the Central Administrative Tribunal and this Court has no jurisdiction to try the issue.
5. For the above said reasons, the Writ Petition is dismissed as not maintainable. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vsi To
1. The General Manager, Engine Factory, Avadi, Chennai - 600 054.
2. The General Manager, High Energy Projectile Factory, Government of India, Ministry of Defence, (A Unit of Ordnance factory Board), Trichy - 620 025.
3. The General Manager, Ordnance Factory Tiruchirappalli, Ordnance Estate, Tiruchirappalli - 620 016
4. The Director General, Ordnance Factories Ordnance Factory Board, Ministry of Defence, Ayudh Bhavan, No-A, Shaheed Khudiram Bose Road, Kolkata - 700 001.
W.P.No.25785 of 2021 PM[co] NSK 15/12/2021