Poyillan M v. The Regional Senior Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Poyillan ... Petitioner Vs.

1.The Regional Senior Manager, Madurai Zonal, Madurai.

2.The District Manager, Munneer pallam, Tirunelveli, Tirunelveli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to relieve the petitioner from shop No.10382, at Murugan Kurichi, Palayamkottai, 1/6

Tirunelveli District based on the 1st respondent's transfer order dated 02.01.2024 and petitioner's representation dated 10.01.2024. For Petitioner : Mr.A.D.Ganesha Moorthi For Respondents : Mr.S.Sivanesan, Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the 2nd respondent to relieve the petitioner from shop No.10382, at Murugan Kurichi, Palayamkottai, Tirunelveli District based on the 1st respondent's transfer order dated 02.01.2024 and petitioner's representation dated 10.01.2024.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The brief facts which are necessary for the disposal of this Writ Petition is as follows:- The petitioner is working as supervisor for more than 21 years under the respondent's Corporation. While the petitioner was working in TASMAC Shop 2/6

No.10832 at Murugan Kurichi, Palayamkottai, Tirunelveli, since 16.03.2020, the petitioner applied for transfer on 22.12.2023 to the 2nd respondent. On receipt of the same, the 2nd respondent had recommended the case of the petitioner for transfer to the 1st respondent. Thereafter, vide proceedings dated 02.01.2024, the petitioner was transferred to shop No. 10731 at Tirunelveli Junction and joined duty there on 05.01.2024. Even after that the 2nd respondent did not relieve the petitioner from the shop No. 10832 and hence, the petitioner was not able to hand over the charges as new supervisor. In such circumstances, he has taken additional Charge of TASMAC shop No.10832 for more than a month. Against which, the petitioner made a representation dated 10.01.2024, seeking to relieve the petitioner from the shop No. 10832 and permit the petitioner to hand over the charge as new supervisor. Since the same was not considered by the respondents, the present writ petition came to be filed.

4. Heard, the learned Counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. Carefully perused the materials available on record.

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5. Considering the limited scope of relief sought for by the petitioner, this Court hereby direct the 2nd respondent is directed to relieve the petitioner from shop No.10382, at Murugan Kurichi, Palayamkottai, Tirunelveli District based on the 1st respondent's transfer order dated 02.01.2024 and petitioner's representation dated 10.01.2024 forthwith.

6. Accordingly, this Writ Petition stands disposed of. No costs. 28.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Regional Senior Manager, Madurai Zonal, Madurai.

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2.The District Manager, Munneer pallam, Tirunelveli, Tirunelveli District.

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L.VICTORIA GOWRI, J.

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