Muthuvelan.K v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2021

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI K.Muthuvelan ... Petitioner -Vs1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., No.21, New Railway Station Road, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Pillai Thanneer Panthal, Thirumayam Road, Pudukottai-622 001.

3.The Branch Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Alangudi Branch, Pudukottai Region, Pudukottai District.

4.The Branch Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pattukottai Branch, Pudukottai Region, Tanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 & 2 to confirm the petitioner's service in the third respondent branch as per the order Parvai:AaPoKa/Kumpa/Puma/Papi 1/20189/2020, dated 19.06.2020 passed by the 2nd respondent, within the time stipulated by this Court.

For Petitioner : Mr.Sharavanan.A.MU For Respondents : Mr.D.Sivaraman

ORDER

This Writ Petition is filed to direct respondents 1 & 2 to confirm the petitioner's service in the third respondent branch as per the order Parvai:AaPoKa/Kumpa/Puma/Papi 1/20189/2020, dated 19.06.2020 passed by the 2nd respondent, within the time stipulated by this Court.

1/3

2.Mr.D.Sivaraman, learned Standing Counsel takes notice on behalf of the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. According to the petitioner, he joined as driver in the respondents' Corporation in the year 2015. Now, he is working in the fourth respondent office. The petitioner is unmarried. His mother died and his father is aged about 71 years old and suffering from illness and to lookafter his father, the petitioner requested to transfer him to the third respondent Branch. His request was considered and he was transferred to third respondent office, by order, dated 19.06.2020. Within six (6) months, again, he was transferred to the fourth respondent Office on 16.12.2020. He has joined duty and sent representation to the respondents 1 & 2 on 23.01.2021. The third respondent returned the said representation. The second respondent has not passed any orders on the representation. Hence, the petitioner has come out with the present writ petition.

4. From the above materials, it is seen that the petitioner was transferred to fourth respondent Office, by the proceedings, dated 16.12.2020. According to the petitioner, his father is aged about 71 years and suffering from some ailments and at his request, to lookafter his father, he was transferred to third respondent Office on 19.06.2020, from Pudukottai Branch to Alangudi Branch. According to the petitioner, he was transferred, within six months, from Alangudi Branch to Pudukottai Branch. Considering the above materials, the larger relief sought for by the petitioner, in the writ petition, cannot be granted. Without deciding the issue on merits, this Court directs the petitioner to send a fresh representation to the second respondent, within a period of two weeks from the date of receipt of a copy of this order and on receipt of such representation, the second respondent is directed to consider the same and pass orders on merits and in accordance with law, within a period of eight weeks thereafter. 5.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

am Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO:

1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., No.21, New Railway Station Road, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Pillai Thanneer Panthal, Thirumayam Road, Pudukottai-622 001.

3.The Branch Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Alangudi Branch, Pudukottai Region, Pudukottai District.

4.The Branch Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pattukottai Branch, Pudukottai Region, Tanjavur District.

+1 CC to M/s.D.SIVARAMAN, Advocate ( SR-16196[F] dated 17/04/2021 ) +1 CC to M/s.A.MU.SHARAVANAN, Advocate ( SR-16210[F] dated 17/04/2021 ) W.P.(MD)No.7879 of 2021 16.04.2021 RK (27.04.2021) 3P 7C 3/3