G.Radhakrishnan v. The General Manager(Hr)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2018

CORAM:

THE HONOURABLE Mr. JUSTICE T.S.SIVAGNANAM and THE HONOURABLE Mrs. JUSTICE R.THARANI W.A.(MD)No.264 of 2018 G.Radhakrishnan ... Appellant Vs.

1.The General Manager (HR) Human Resources, Unit - III, Bharat Heavy Electricals Limited, Trichy - 14.

2.The General Manager, PPPU, Bharat Heavy Electricals Limited, Thirumayam, Pudukkottai District.

... Respondents PRAYER: The Appeal filed under Clause 15 of Letters Patent Act, against the order dated 27.07.2017 passed in W.P.(MD)No.13920 of 2017 by the Learned Single Judge.

Prayer in WP(MD). 13920/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents to transfer the petitioner from Bharat Heavy Electricals Limited, Thirumayam to Bharat Heavy Electricals Limited, Trichy Based on the representation of the petitioner dated 02.05.2017 and 05.05.2017.

For Appellant : Mr.S.Karthik K.Subramanian For Respondents : Mr.A.V.Arun

JUDGMENT

(Judgment of the Court was delivered by T.S.SIVAGNANAM,J.) Heard the learned counsel for the appellant and the learned counsel for the second respondent.

2.This appeal is directed against the order dated 27.07.2017 passed in W.P.(MD)No.13920 of 2017 by the Learned Single Judge of this Court. The said Writ petition was filed, praying for issuance of a Writ of Mandamus, to direct the respondents to transfer the Writ petitioner from Thirumayam to Trichy.

3.We pointed out to the learned counsel for the appellant that the respondents is a Company and merely because the majority shareholders is the Government of India, the Writ petition is not maintainable. Further more, we also observe that the Court cannot https://hcservices.ecourts.gov.in/hcservices/

issue a positive direction to transfer the appellant. In these circumstances, the learned counsel for the appellant seeks permission to withdraw this Writ Appeal and accordingly, he made an endorsement to that effect. In view of the same, this Writ Appeal is dismissed as withdrawn. No costs.

Sd/- Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar TO 1.The General Manager (HR) Human Resources, Unit - III, Bharat Heavy Electricals Limited, Trichy - 14.

2.The General Manager, PPPU, Bharat Heavy Electricals Limited, Thirumayam, Pudukkottai District.

W.A.(MD)No.264 of 2018 14.02.2018 NBJ KK/SV MMS/SAR 3/06.03.2018/ 2P- 3C/ https://hcservices.ecourts.gov.in/hcservices/