Baskaran.K v. The Chief Engineer Personnel Fac

W.P.(MD).No.5503 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD).No.5503 of 2022 K.Baskaran ... Petitioner vs.

The Chief Engineer Personnel FAC, TANGEDCO, Administrative Branch, NPKRR Maaligai, No.144, Anna Salai, Chennai.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the respondent in Memo No.018061/472/G.13./G132/2022, dated 22.03.2022 quash the same and consequently, direct the respondent to consider the request transfer application dated 19.01.2022.

For Petitioner : Mr.V.P.Rajan for P.Parthiban For Respondent : Mr.S.Arivalagan

O R D E R

This writ petition has been filed by the petitioner challenging the impugned order of transfer dated 22.03.2022, whereby he was transferred from Pudukottai to Tanjore, Veeramarasanpettai, on administrative grounds.

2. Heard the learned counsel appearing on either side and perused the records.

3. According to the petitioner, he has already made a request for transfer within Pudukottai District.

However, without considering his request, the impugned transfer order was passed on administrative grounds.

4.On perusal of the impugned order, it is clear that the transfer was effected on administrative grounds. Time and again, this Court held that Article 226 of the constitution of India cannot be invoked in the transfer matter. It is the settled proposition of https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.5503 of 2022 law that the scope of interference to a writ petition challenging the transfer, is very limited. The writ against the transfer needs to be entertained only if the order is tainted with mala-fide or passed by an incompetent authority, but not otherwise. Therefore, the writ petition is devoid of merits and the same is liable to be dismissed.

However, the petitioner is at liberty to make appropriate representation before the respondent for transfer within Pudukottai District, after joining the new place. 5.With the above observation, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CO) // True Copy // / /2022 Sub Assistant Registrar(CS) cp +1 CC to M/s.P.PARTHIBAN, Advocate ( SR-15774[F] dated 31/03/2022 ) ORDER MADE IN W.P.(MD).No.5503 of 2022 29.03.2022 nsn(CO) TR(20.04.2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2