J.Ramesh Babu v. Tamilnadu Generation And Distribution

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and W.M.P.Nos.33987 & 33989 of 2022, 8814 & 16432 of 2023 J.Ramesh Babu .. Petitioner

Versus

1.TamilNadu Generation and Distribution Rep. by its Chief Engineer(Personnel) N.P.K.K.R. Maaligai 144/800, Anna Salai Chennai - 600 002.

2. Tamil Nadu Generation and Distribution Rep. by its Superintending Engineer(South II) C.E.D.C./South-II K.K.Nagar, Chennai - 600 078.

3.Tamil Nadu Generation and Distribution Rep.by its Superintending Engineer(South II) C.E.D.C./South-I K.K.Nagar, Chennai - 600 078.

4. The Executive Engineer(O and M) C.E.D.C./South- I (O and M) K.K. Nagar, Chennai - 600 078.

.. Respondents 1/4

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order of the 3rd Respondent dated 17.05.2022 in Memo No. 2105/SE/CEDC/S-I/Adm.3/A.3/F.F.M.I.Gr.T.O./2022 and the consequential order of the 4th Respondent dated 16.12.2022 in Memo No. EE/O and M/K.K.Nagar/ADM/A.3/F.ForemanTra.Ordr/D.4306/2022 and quash the same.

For Petitioner : Mr.K.Selvaraj For Respondents : Mr.David Sundar Singh

ORDER

This writ petition has been filed challenging the impugned transfer order issued by the third respondent dated 166.12.2022.

2. Now, the learned counsel appearing for the petitioner submitted that the writ petition may be closed recording para 12 of the counter affidavit of the respondents dated 03.02.2023, wherein, it is stated as follows: "...12. I respectfully submit, with reference to the petitioner's allegations in paragraph 12 to 14 and in the Grounds that the transfer ordered by the first respondent in Memo., dated 17.05.2023 was on administrative grounds and it was also clearly reflected in the said order. Therefore, the allegation that he would loose the seniority and has to take a last rank in the post of Foreman Grade-I in the new Circle/Chennai EDC/South-I is contrary to truth. It is submitted that, as the order of transfer was made on administrative grounds, his seniority will not be placed at the bottom of his seniority list of Foreman I Grade but will be placed just above his junior in the new Circle. Therefore, the allegation that his seniority will be affected and other allegations surrounding the same are denied as contrary to facts on record." 2/4

3. Such view of the matter, this writ petition stands dismissed. Consequently, connected miscellaneous petitions are closed. No costs. 07.08.2023 dhk Index:Yes/No Internet:Yes/No To 1.The Chief Engineer (Personnel) TamilNadu Generation and Distribution N.P.K.K.R. Maaligai 144/800, Anna Salai Chennai - 600 002.

2. The Superintending Engineer(South II) C.E.D.C./South-II K.K.Nagar, Chennai - 600 078.

3.The Superintending Engineer(South II) C.E.D.C./South-I K.K.Nagar, Chennai - 600 078.

N.SATHISH KUMAR, J.

3/4

dhk

4. The Executive Engineer(O and M) C.E.D.C./South- I (O and M) K.K. Nagar, Chennai - 600 078.

W.P.No.34550 of 2022 07.08.2023 4/4