Selvaganapathy v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND in WP(MD)No.3345 of 2025 Selvaganapathy ... Petitioner Vs 1.The Managing Director Tamil Nadu State Marketing Corporation Limited, CMDA Tower-II, IV Floor, Egmore, Chennai - 600008.

2.The Senior Regional Manager Tamil Nadu State Marketing Corporation Limited, TASMAC Limited, Trichy.

3.The District Manager Tamil Nadu State Marketing Corporation Limited, TASMAC Limited, 4.S.Govindaraj S/o. Name Not Known, Salesman Shop No. 7928, Vilangudi Road, Thiruvaiyaru, ...Resopondents For Petitioner : Mr.K.Navaneetharaja, Advocate 1/4

For R1 to R3 : Mr.H.Arumugam, Standing Counsel

O R D E R

The learned counsel for the petitioner would submit that the order of transfer, dated 09.01.2025 issued by the third respondent transferring the petitioner from Shop No.7928, Thanjavur District to Shop No.7869, Rajamadam, Pattukottai Taluk, Thanjavur District, is in vindictive nature at the instance of the fourth respondent. He further submit that against the illegal action of the fourth respondent, the petitioner along with some other salesman submitted a complaint to the third respondent on 28.08.2024. Without taking any action on the complaint made by the petitioner against the fourth respondent on 28.08.2024, the third respondent with vindictive nature issued the impugned proceedings.

2. The learned Standing Counsel appearing for the respondents 1 to 3 would submit that based on the directions issued by the first respondent, dated 07.01.2025, the impugned order is passed by the third respondent by following the directions of the first respondent. The learned Standing Counsel further submit that consequent to the transfer order, dated 09.01.2025, the petitioner relieved from Shop No.7928,

3. Considering the facts and circumstances of the case, this Court is of the prima facie opinion that there is substantial force in the contention of the learned counsel for 2/4

the petitioner. In view of the same, the third respondent is directed to submit an affidavit stating the action taken by him on a complaint, dated 28.08.2024 submitted by the petitioner by the next date of hearing.

4. There shall be an order of interim stay of the order of the third respondent issued in Na.Ka.No.484/A1/2024, dated 09.01.2025 and the respondents are directed to continue the petitioner as salesman at Liquor Shop No.7928, Thiruvaiyaru, Thanjavur District pending further orders.

5. Post on 26.02.2025.

sd/- 05/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SN TO 1.The Managing Director Tamil Nadu State Marketing Corporation Limited, CMDA Tower-II, IV Floor, Egmore, Chennai - 600008.

2.The Senior Regional Manager Tamil Nadu State Marketing Corporation Limited, TASMAC Limited, Trichy.

3.The District Manager Tamil Nadu State Marketing Corporation Limited, TASMAC Limited, 3/4

ORDER

IN in WP(MD)No.3345 of 2025 Date :05/02/2025 SA/GSV/SAR. /17.02.2025/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4