G.Milan Kumar, v. The State Of Tamilnadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.04.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.7803 of 2019 and W.M.P.(MD)No.6195 of 2019 G.Milan Kumar ... Petitioner vs.
1.The State of Tamil Nadu, represented by its Principal Secretary, Home Department, Secretariat, Chennai-600 009.
2.The Director General of Police, Tamil Nadu, Chennai-600 004.
3.The Additional Director General of Police, Administration, Chennai-4.
4.The Commissioner, O/o the Commissioner of Police, Madurai City, Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to consider the petitioner for transfer and posting in any one of the available vacancy in and around Madurai District on par with the petitioner's junior viz., Mr.S.Janarthan taking into consideration of the fact that the petitioner's promotion was delayed due to administrative reasons and by considering the petitioner's representation dated 05.09.2018 within the stipulated time as fixed by this Court.
For Petitioner : Mr.Mohammed Imran For Respondents : Mrs.J.Padmavathy Devi Special Government Pleader
ORDER
The Writ Petition is filed seeking a direction to the respondents to consider the petitioner for transfer and posting in any one of the available vacancy in and around Madurai District on par with his junior by considering his representation dated 05.09.2018 within the stipulated time as fixed by this Court.
2. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader, who takes notice for the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.
3. The case of the petitioner is that he was appointed as Data Entry Operator on 05.11.2008 at Thirupathur Police Station, Sivagangai District. After getting promotion as Assistant, he is working at the office of the Director General of Police, Chennai. Now, the petitioner has made a representation on 05.09.2018 requesting to transfer him in any one of the available vacancy in and around Madurai District on par with his junior, on account of his mother's medical ground. Since the same has not been considered so far, the present writ petition has been filed.
4. The learned Special Government Pleader appearing for the respondents would submit that the representation of the petitioner would be considered on merits and in accordance with law within a time frame as fixed by this Court.
5. Considering the nature of the relief as sought for by the petitioner, without going into the merits of the case, the respondents are directed to consider the representation of the petitioner dated 05.09.2018, seeking to transfer and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner within a period of eight weeks from the date of receipt of a copy of this order.
6. The Writ Petition stands disposed of with the above direction. No costs. Consequently, the connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (T & P) // True Copy // Sub Assistant Registrar(CS) ssl To 1.The Principal Secretary, State of Tamil Nadu, Home Department, Secretariat, Chennai-600 009.
2.The Director General of Police, Tamil Nadu, Chennai-600 004.
3.The Additional Director General of Police, Administration, Chennai-4.
4.The Commissioner, O/o the Commissioner of Police, Madurai City, Madurai.
+1CC TO MR. AJMAL ASSO., Advocate Sr. No. 58254 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 58862 W.P(MD)No.7803 of 2019 02.04.2019 TR (29.04.2019) 3P 7C