Madras High CourtWP(MD)/5668/2025disposed of

S.Gopalji Salai Kumar v. The Chief Engineer/Personnel (Fac)

2025-03-13Honourable Mr. Justice Battu Devanand6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND and W.M.P(MD)No.4130 of 2025 S.Gopalji Salai Kumar ... Petitioner Vs.

1.The Chief Engineer/Personnel (FAC), Tamil Nadu Generation and Distribution Corporation Limited/ Tamil Nadu Power Distribution Corporation Limited, NPKRR Maaligai, No.144, Anna Salai, Tamil Nadu Electricity Board, Chennai-600 002.

2.The Chief Engineer (Distribution), Tirunelveli Region, Tirunelveli Electricity Distribution Circle, Tirunelveli.

3.The Superintending Engineer, Kanyakumari Electricity Distribution Circle, Nagercoil, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 1st respondent to consider the petitioner's request Transfer Application, dated 24.05.2024 and the Reminder, dated 05.02.2025 and to pass orders and to accommodate the petitioner as 1/6

Administrative Supervisor in the O/o. the Superintending Engineer, Central Office, Tirunelveli Electricity Distribution Circle, Tirunelveli in the ensuing Retirement Vacancy.

For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.B.Ramanathan Standing Counsel

O R D E R

The present writ petition has been filed seeking a direction to the 1st respondent to consider the petitioner's request Transfer Application, dated 24.05.2024 and the Reminder, dated 05.02.2025 and to pass orders and to accommodate the petitioner as Administrative Supervisor in the O/o. the Superintending Engineer, Central Office, Tirunelveli Electricity Distribution Circle, Tirunelveli in the ensuing Retirement Vacancy.

2. The case of the petitioner is that he is working as Administrative Supervisor in the office of the Superintending Engineer, Kaniyakumari Electricity Distribution Circle, Central Office, Nagercoil. His wife is working as B.T.Assistant in Corporation School, Tirunelveli. He is having only son, who is differently abled person (80%). Originally, the petitioner worked in the Tirunelveli region. He was transferred to Cuddalore Electricity Distribution Circle on 07.04.2022. Thereafter, he made a request for transfer to the 1st 2/6

respondent explaining his health problems and his family issues. But, without considering the same, the 1st respondent by an order, dated 05.07.2022 transferred the petitioner from Thittakudi to Nagercoil instead of Tirunelveli. The petitioner joined at Nagercoil on 07.07.2022. The petitioner submitted a representation on 24.05.2024 and a reminder on 05.02.2025 requesting to accommodate him in the ensuing vacancy in the office of Superintending Engineer, Central Office, Tirunelveli. The said application was forwarded by the 3rd respondent to 1st respondent for consideration. As no order has been passed on the said representation, the petitioner filed this writ petition.

3. The learned Standing Counsel for the respondents would submit that the representation of the petitioner for request transfer will be considered by the respondents by following procedure.

4. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents and perused the material available on record.

5. Having considered the submissions of the respective counsels and on perusal of the material available on record, this Court is of the opinion that the 3/6

request of the petitioner can be considered by the respondents taking into consideration of the health condition of his only son. The wife of the petitioner also a working woman, then somebody has to take personal care of the differently abled person suffering with 80% disability, who is the son of the petitioner. Taking into consideration, this Court intends to dispose of this writ petition at the admission stage with the consent of both sides with a direction to the 1st respondent to consider the representation of the petitioner, dated 24.05.2024 positively.

6. Accordingly, this Writ Petition is disposed of with a direction to the 1st respondent to consider the transfer request of the petitioner made in his representation, dated 24.05.2024 positively, considering the health condition of his son within a period of six (6) weeks from today i.e., 13.03.2025. No costs. Consequently, connected Miscellaneous Petition is closed. 13.03.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg 4/6

To:

2.The Chief Engineer (Distribution), Tirunelveli Region, Tirunelveli Electricity Distribution Circle, Tirunelveli.

3.The Superintending Engineer, Kanyakumari Electricity Distribution Circle, Nagercoil, Kanyakumari District.

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BATTU DEVANAND , J.

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