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Madras High CourtWP/34413/2022disposed of

R.Nagarajan v. The Government Of Tamilnadu

2022-12-23Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2022

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE R.Nagarajan ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep. by Secretary to Government, Rural Development & Panchayat Raj Department, Secretariat, Chennai - 600 009.

2.The Director of Rural Development & Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 600 015.

... Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to consider the representation made by the petitioner dated 23.11.2022 for district transfer from Erode District to Coimbatore District in any of the vacancies in the cadre of Assistant Director on medical and family grounds and pass orders thereon.

For Petitioner :

Mr.K.S.Viswanathan For Respondents :

Mr.R.U.Dinesh Raj Kumar Additional Government Pleader 1/6

ORDER

This Writ Petition has been filed for a mandamus, seeking for a direction to the respondents to consider the petitioner's representation dated 23.11.2022, requesting for District transfer from Erode District to Coimbatore District in any of the vacancies in the cadre of Assistant Director.

2. The petitioner claims that he is having various medical ailments. Apart from that, he claims that his entire family is at Coimbatore including his aged mother. He also claims that his wife, who is also in Government service, is also working at Coimbatore Municipal Corporation as a Teacher.

3. On medical and family grounds, the petitioner seeks for District transfer from Erode District to Coimbatore District. The petitioner has given a representation on 23.11.2022 for the said purpose. Since the representation has not been considered till date, he has filed this Writ Petition.

4. Heard, Mr.K.S.Viswanathan, learned counsel for the petitioner and 2/6

Mr.R.U.Dinesh Raj Kumar, learned Additional Government Pleader accepts notice on behalf of the respondents.

5. The petitioner has filed documents along with this Writ Petition to substantiate his claim that he is suffering from medical ailments and his family is also living at Coimbatore which includes his aged mother. The petitioner has also stated that he is due to retire from service on 30.06.2023. In such circumstances, the petitioner has given a representation on 23.11.2022, seeking for District transfer from Erode District to Coimbatore District.

6. No prejudice would be caused to the respondents if the petitioner's representation is considered on merits and in accordance with law within a time frame to be fixed by this Court , considering the fact that the petitioner is retiring from service on 30.06.2023.

7. For the foregoing reasons, this Court directs the respondents to pass final orders on merits and in accordance with law on the petitioner's representation dated 23.11.2022, seeking for District transfer from Erode 3/6

District to Coimbatore District in any of the vacancies in the cadre of Assistant Director on medical and family grounds, within a period of four weeks from the date of receipt of a copy of this order.

8. With the aforementioned directions, this Writ Petition is disposed of. No Costs.

23.12.2022 Index : Yes/No Speaking Order : Yes / No ab 4/6

To 1.The Government of Tamil Nadu, Rep. by Secretary to Government, Rural Development & Panchayat Raj Department, Secretariat, Chennai - 600 009.

2.The Director of Rural Development & Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 600 015.

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ABDUL QUDDHOSE. J., ab 23.12.2022 6/6