Madras High CourtWP/27950/2022disposed of

K.Jayakumar v. The Director

2022-10-20Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE K.Jayakumar ... Petitioner

Versus

1.The Director, Fire and Rescue Department, Egmore, Chennai - 600 002.

2.The Joint Director (West Zone), Fire and Rescue Services, Coimbatore - 641 018.

3.The District Officer, Fire and Rescue Services, Udhagaimandalam, Nilgiris District.

.... Respondents Prayer:-Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus, directing the 1st respondent to consider the petitioner's representations dated 31.01.2022, 04.07.2022, 08.08.2022 and 09.09.2022 for seeking transfer from Nilagiris District to Cuddalore District or Villupuram District or Chennai District.

For Petitioner : Mr.G.Mutharasu For Respondents : Mr.L.S.M.Hasan Fizal Additional Government Pleader.

1/4

O RDER This writ petition has been filed for a Mandamus seeking for a direction directing the 1st respondent to consider the petitioner's representations dated 31.01.2022, 04.07.2022, 08.08.2022 and 09.09.2022 seeking for transfer from Nilgiris District to Cuddalore District or Villupuram District or Chennai District within a time frame to be fixed by this Court.

2. Heard Mr.G.Mutharasu, learned counsel for the petitioner and Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader accepts notice on behalf of the respondents. By consent of both the parties, the main writ petition has been taken up for final disposal.

3. The petitioner is working in Nilgiris District. Due to his father's illhealth, he seeks for transfer to Cuddalore District or Villupuram District or Chennai District. According to the petitioner, there are vacancies in the aforementioned districts. The petitioner has given representations on 31.01.2022, 04.07.2022, 08.08.2022 and 09.09.2022 for the said purpose. Since the representations have not been considered till date, he has filed this writ petition.

2/4

4. The petitioner has filed documents to substantiate his claim i.e., his father requires immediate medical attention and he is old aged. Therefore, he seeks for transfer from Nilgiris District to any of the above mentioned Districts.

5. No prejudice would be caused to the respondents if the petitioner's representations, seeking for transfer, is considered on merits and in accordance with law.

6. For the foregoing reasons, this Court directs the first respondent to pass orders on merits and in accordance with law on the petitioner's representations dated 31.01.2022, 04.07.2022, 08.08.2022 and 09.09.2022, seeking for transfer from Nilgiris District to Cuddalore District or Villupuram District or Chennai District within a period of eight weeks from the date of receipt of a copy of this order.

With the aforesaid direction, the writ petition is disposed of. No costs. 20.10.2022 sr Index: Yes/No Speaking Order/Non-Speaking Order 3/4

ABDUL QUDDHOSE,J.

Sr To 1.The Director, Fire and Rescue Department, Egmore, Chennai - 600 002.

2.The Joint Director (West Zone), Fire and Rescue Services, Coimbatore - 641 018.

3.The District Officer, Fire and Rescue Services, Udhagaimandalam, Nilgiris District.

20.10.2022 4/4