Jaishankar v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2019 CORAM :

THE HON'BLE MR. JUSTICE N.ANAND VENKATESH W.P.No.34615 of 2019 and WMP.Nos.35366 & 35368 of 2019 Jaishankar

...Petitioner

Vs.

1.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Villupuram, Villupuram District.

2.The Branch Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Cuddalore Region, Cuddalore, Cuddalore District.

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records relating to the order passed by the 1st respondent in proceedings in Letter No.A5/KiMe/Va/Ta.A.Po.Ka(V) dated 01.11.2019 on the file of the 1st respondent and quash the same. For Petitioner : Mr.M.Senthil Kumar For Respondents : Mr.A.Antony Arockiaraja Standing Counsel

O R D E R

The subject matter of challenge in this writ petition is the order of transfer passed by the first respondent dated 01.11.2019.

2.The petitioner was working as a driver in the respondent Corporation. He was working at Vadalur and by virtue of transfer order, he has been transferred to Kattumannarkovil Page No.1/3

Branch. According to the petitioner, he has a very old mother to take care and he also has a son, who is studying at Vadalur, Therefore, the order of transfer is causing a lot of hardship for the petitioner. Challenging the same, the present writ petition has been filed.

3.Heard Mr.M.Senthil Kumar, learned counsel appearing for the petitioner and Mr.A.Antony Arockiaraja, learned Standing Counsel appearing on behalf of the respondents. 4.Taking into consideration, the facts and circumstances of the case, this Court is not inclined to interfere with the transfer order passed by the first respondent. If the petitioner faces any hardship or difficulties on the domestic front, the petitioner can always make a representation to the first respondent after joining the place to which he has been transferred. It will be open for the first respondent to consider the same and take a decision. The petitioner even without joining the transferred place, cannot be permitted to wait for two months and approach this Court challenging the transfer order and such attitude cannot be entertained by this Court.

5.In the result, this Court is not inclined to interfere with the order of transfer and the petitioner is directed to go and join duty in the transferred place at Kattumannarkovil Branch and thereafter give a representation to the first respondent and the first respondent shall consider the same and take a decision.

6.Accordingly, this writ petition is dismissed. There shall be no order as to costs. Connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rm Page No.2/3

To 1.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Villupuram, Villupuram District.

2.The Branch Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Cuddalore Region, Cuddalore, Cuddalore District.

+1cc to Mr.M.Senthil Kumar, Advocate sr.104190 W.P.No.34615 of 2019 and WMP.Nos.35366 & 35368 of 2019 nmi(co) nr 24/01/2020 Page No.3/3