D.Selvakumar, v. The Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.10367 of 2019 and W.M.P(MD)No.7977 of 2019 D.Selvakumar ... Petitioner Vs.

1.The Director, 2.The Chief Internal Auditor, Department of Internal and Statutory Audit, 3.The Assistant Director, Room No.321, 3rd Floor, Collectorate Building, Thanjavur - 613 010.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents 1 to 3 to transfer the petitioner from Internal Audit Office, Salem to Local Fund Audit Office, Thanjavur and permit him to join duty at the new vacancy for the post of Record Clerk, which is going to be vacant w.e.f. 30.04.2019 at Local Fund Audit Office, Thanjavur.

For Petitioner :

Mr.S.Bharathy Kannan For Respondents :

Mrs.J.Padmavathy Devi, Special Government Pleader

ORDER

This writ petition has been filed seeking issuance of a writ of Mandamus, to direct the respondents to transfer the petitioner from Internal Audit Office, Salem to Local Fund Audit Office, Thanjavur

and permit him to join duty in the post of Record Clerk, which is going to be vacant w.e.f. 30.04.2019 at Local Fund Audit Office, Thanjavur.

2.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

3.The grievance of the petitioner is that he sent a representation to the respondents with a request to re-transfer him to the place, where he worked earlier and permit him to join duty in the post of Record Clerk, which is going to be fell vacant with effect from 30.04.2019. Such a representation is kept pending without there being any orders passed. Therefore, the petitioner is before this Court.

4.The learned Special Government Pleader appearing for the respondents submitted that the petitioner's representation would be considered on merits.

5.In view of the above submission, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 16.03.2019, in the light of vacancy with regard to the post of Record Clerk with effect from 30.04.2019 and pass appropriate orders on merits and in accordance with law, after due opportunity of hearing to the petitioner. Such an exercise shall be completed within a period of eights weeks from the date of receipt of a copy of this order.

6.The Writ Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Director, 2.The Chief Internal Auditor, Department of Internal and Statutory Audit,

3.The Assistant Director, Room No.321, 3rd Floor, Collectorate Building, Thanjavur - 613 010.

+1cc to Mr.S.BHARATHY KANNAN, Advocate, SR.No.63556 +1cc to M/s.Special Government Pleader,SR.No.63348 W.P(MD)No.10367 of 2019 26.04.2019 PS KK/SAR/21.05.2019/ 3P- 6C