N.Kannammal, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:03.02.2016
CORAM
THE HON'BLE MR.JUSTICE T.RAJA W.P.No.4032 of 2016 N.Kannammal .. Petitioner vs
1. The Managing Director Tamil Nadu Water Supply and Drainage Board No.31, Kamarajar Salai Chepauk, Chennai 600 005.
2. The Chief Engineer Tamil Nadu Water Supply and Drainage Board, Thanjavur Region Thanjavur-7.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to pass appropriate orders to transfer the petitioner to the Office of the Chief Engineer, Thanjavur Region, Thanjavur or Thanjavur Circle in the existing vacancies, by considering the representations submitted by the petitioner dated 28.09.2015 and 21.12.2015, within a time frame to be fixed by this Court.
For Petitioner : Mr.G.Sankaran For Respondents : Mrs.S.Thamizharasi
O R D E R
This writ petition has been filed by N.Kannammal, who was earlier working as an Assistant Engineer in Thanjavur Circle, Thanjavur and now on promotion to the post of Assistant Executive Engineer has been transferred and posted to RWS Division, Ariyalur, seeking a direction to the respondents to dispose of her representation dated 21.12.2015, as the same has not been considered till date. The said representation has been submitted on the following grounds:
(i) that she is due to retire from service on 31.05.2017 on attaining the age of superannuation (i) that she has suffered fracture in her left leg resulting in more complications, for which, she has also been presently taking treatment;
(iii) that it would be difficult for her to travel more than 100 kms every day to attend the field nature of the work at Ariyalur.
2. Learned counsel appearing for the petitioner would submit that in similar circumstances, considering the similar request of the Assistant Executive Engineers, who are transferred, the Managing Director of the Tamil Nadu Water Supply and Drainage Board, Chennai, viz., the first respondent herein has passed an order dated 01.04.2015 vide proceedings in Proc.No.C1/EE/HO/00559/2015 accepting some of the request transfers made. Similarly, the first respondent has also passed another order dated 07.08.2015, vide his proceedings in Proc.No.C1/EE/HO/000559/2015, entertaining the request transfers. Therefore, the petitioner would contend that she has not made any new request, except request transfer, as such request are ordinarily considered by the authority.
Learned counsel for the petitioner also brought to the notice of this Court the endorsement made by the first respondent in the letter submitted by the petitioner dated 28.09.2015 stating that her request would be considered on merits. Therefore, the learned counsel would pray that this Court may direct the respondents to consider the representation submitted by the petitioner dated 21.12.2015 seeking similar request.
3. Considering the limited prayer sought for by the petitioner and keeping in mind the fact that the first respondent has already entertained similar requests made by the employees of the TWAD Board, this Court is inclined to direct the respondents to consider the pending representation submitted by the petitioner dated 21.12.2015 on merits and in accordance with law, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order.
4. Accordingly, this writ petition is disposed of. No costs.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar vj2
To
1. The Managing Director Tamil Nadu Water Supply and Drainage Board No.31, Kamarajar Salai Chepauk, Chennai 600 005.
2. The Chief Engineer Tamil Nadu Water Supply and Drainage Board, Thanjavur Region Thanjavur-7.
+1 cc to Mr.G.Sankaran Advocate sr.7080 W.P.No.4032 of 2016 sk(co) aa12/02/2016