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Madras High CourtWP/33536/2023disposed of

Karthikeyan v. The Managing Director

2024-06-19Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.33910 of 2023 Karthikeyan .. Petitioner

Versus

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, 12, Ramakrishna Salai, Salem - 636 007.

2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Dharmapuri Division, Dharmapuri.

3. The Branch Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Tirupathur Branch, Tirupathur District.

4. The Branch Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Hosur Mofussil Branch, Krishnagir District.

.. Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorari calling for the records pertaining to the order made in No.Pa.Ni.4/7857/TNSTC/D.Puri/2023, dated 16.10.2023 issued by the 2nd respondent and quash the same. For Petitioner : Mr.G.Pugazhenthi For Respondents : Mr.K.Raja, Standing Counsel

ORDER

This Writ Petition is filed challenging the impugned order of transfer, dated 16.10.2023. By the said order, the petitioner, who was working as a Driver in Tirupathur branch was transferred to Hosur sub-urban branch.

2. Learned Counsel for the petitioner submits that even though the order mentions as an administrative transfer, only because the petitioner was five minutes late on one day, the transfer order is passed. The transfer order was passed in the middle of the academic year when the petitioner's children are studying in Tirupathur. The petitioner is transferred to far away place which is more than 120 kms from his residence causing grave prejudice to him.

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3. I have considered the said submissions made by the learned Counsel for the petitioner.

4. First of all, as far as the allegations are concerned, no stigma is caused by the transfer order. The transfer order simply mentions as an administrative transfer and therefore, the petitioner cannot be heard to press about the allegations. As far as the other grounds are concerned, on the ground of hardship, Courts cannot interfere with the administrative orders of transfer. However, it can be seen that there was no interim order and the petitioner was transferred as early as on 16.10.2023 and now, we are in June, 2024. As and when the petitioner completes the minimum period, he can make a representation to the respondents bringing to their notice, the hardship including his native place, his children's education etc., which will be considered on its own merits and in accordance with law by the respondents.

5. This Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 19.06.2024 3/5

: no grs To

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, 12, Ramakrishna Salai, Salem - 636 007.

2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Dharmapuri Division, Dharmapuri.

3. The Branch Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Tirupathur Branch, Tirupathur District.

4. The Branch Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Hosur Mofussil Branch, Krishnagir District.

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D.BHARATHA CHAKRAVARTHY, J.

grs and W.M.P.No.33910 of 2023 19.06.2024 5/5