Shanmugam.K v. The Chief Engineer/Personnel

W.P.(MD) No.3864 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.3864 of 2021 and W.M.P.(MD).No.3097 of 2021 K.Shanmugam ... Petitioner Vs.

1.The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Ltd.., No.144, Anna Salai, Tamil Nadu Electricity Board, Chennai - 600 002.

2.The Chief Engineer/Distribution, Tamil Nadu Generation and Distribution Corporation Ltd.., Tamil Nadu Electricity Board, Trichy Region, Trichy.

3.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd.., Tamil Nadu Electricity Board, Trichy Electricity Distribution Circle / Metro, Trichy.

4.M.Elayaraja, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records in pursuant to the impugned order passed by the 1st respondent in Memo No.003339/222/G.13/G.131/2020, dated 08.02.2021 and quash the same and consequently direct the respondents to permit the petitioner to continue as Junior Engineer Electrical-I Grade, O & M Srinivasanagar, Trichy Electrical Distribution Circle/ Metro. For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.T.Sakthikumaran for R1 to R3 Standing Counsel

O R D E R

Heard Mr.M.Saravanakumar, learned counsel for the petitioner and Mr.T.Sakthikumaran, learned Standing for the respondents. 2.The impugned order of transfer has been made on administrative exigencies. It is settled proposition of law that this Court exercising its power under Article 226 of Constitution of India, will not normally interfere in the orders of transfer except https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.3864 of 2021 for a very few exceptions, wherein, the transfer order reveals that the order is made punitively or malafidely and also on the ground of lack of authorities.

3.The grounds raised by the petitioner is that no reasons were assigned in the transfer order. I am not in agreement with such a ground raised, since the transfer order reveals that the petitioner is being transferred on administrative grounds. Hence, no interference is required to the impugned order. 4.At this juncture, the learned counsel for the petitioner would submit that the petitioner may be permitted to make a request to the respondents for revocation of the transfer order and retaining him in the same position. It is made clear that such a decision pursuant to the petitioner's request would be to the discretion of the respondents herein. However, if liberty is given to the petitioner to make a representation to the respondents in this regard, the ends of justice could be secured. 5.In the light of the above observations, this writ petition stands closed. No costs. However, the petitioner is granted liberty to make a representation to the respondents ventilating his grievances as referred above. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

+1 CC to M/s.M.SARAVANA KUMAR, Advocate ( SR-7436[F] dated 26/02/2021 ) +1 CC to M/s.T.SAKTHI KUMARAN, Advocate ( SR-7607[F] dated 26/02/2021 ) W.P.(MD) No.3864 of 2021 25.02.2021 MA(CO) KK(16.03.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2