P.Stalin v. The Hindustan Photo Film
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.02.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.5466 & 5467 of 2016 P.Stalin ..
Petitioner in W.P.No.5466 of 2016 T.K.Krishnamoorthy ..
Petitioner in W.P.No.5467 of 2016 -vs1. The Hindustan Photo Film rep.by its Managing Director
2. The Deputy Manager Human Resources Development Division The Hindustan Photo Film
3. The Government of India rep.by its Secretary Department of Heavy Industries Ministry of Heavy Industries & Public Enterprises ..Respondents 1 to 3 in both the W.P's Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, calling for the records of the second respondent pertaining to his proceedings in Ref : P1/14/15/5284 & Ref : P1/14/15/4795 respectively, and quash the orders dated 02.02.2016.
For Petitioners ::
Mr.R.Sivakumar
ORDER
These two writ petitions have been filed by Mr.P.Stalin and Mr.T.K.Krishnamoorthy challenging the impugned transfer orders dated 2.2.2016 passed by the second respondent.
2. Mr.R.Sivakumar, learned counsel for the petitioners submitted that Mr.P.Stalin, who has put in 23 years of service in the Electrical Department, and Mr.T.K.Krishnamoorthy, who has put in 25 years of service in the Quality Assurance Department, have been transferred by the impugned orders to the Security Department, for which neither they have any qualification nor at least any experience. This apart, the Polyester X-ray plant to which the petitioners have been transferred is situated almost two kilometres away from the main factory premises and it is also surrounded by reserve forest area and that the production activities are also completely stopped due to the deliberate action of the respondents. In addition thereto, the basic amenities like water supply, toilet facilities etc., are also not available. Therefore, the impugned orders transferring the petitioners are liable to be interfered with, he pleaded.
3. But this Court is not able to find any merit in the writ petitions. The reason is that the averments in the affidavits clearly would show that two workmen in the category of unskilled workers are working presently. When the respondents have taken a decision to transfer the petitioners, which is hardly two kilometres from the main factory premises, as settled by the Apex Court as well as by this Court, it is not necessary for the respondents to mention the reason for the transfer. This apart, when the impugned transfers are part of the condition of service, this Court is not inclined to entertain the writ petitions. Accordingly, the writ petitions fail and they are dismissed. Consequently, W.M.P.Nos.4807 & 4808 of 2016 are also dismissed.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar ss To
1. The Managing Director Hindustan Photo Film
2. The Deputy Manager Human Resources Development Division The Hindustan Photo Film
3. The Secretary to Government of India Department of Heavy Industries Ministry of Heavy Industries & Public Enterprises New Delhi +2 ccs to M/s.R.Sivakumar, Advocate, sr.9669, 9668, W.P.Nos.5466 & 5467 of 2016 ad co kra 26.02.2016