N.Elangovan, v. The Chhief Engineer /Personnel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.05.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.11805 of 2018 and W.M.P(MD)No.10746 of 2018 N.Elangovan : Petitioner Vs.

1. The Chief Engineer/Personnel, Personnel, TANGEDCO, Anna Salai, Chennai 2.

2. The Superintending Engineer, Trichy Metro Region, TANGEDCO, Trichy.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling the proceedings of the first respondent made in Memo No.042082/948/G.13/G131/2018, dated 21.05.2018 and quash the same. For Petitioner : Mr.R.Murali For Respondents : Ms.Rajeswari for Mr.S.M.S.Johnny Basha.

O R D E R

Ms.Rajeswari, learned counsel, takes notice on behalf of Mr.S.M.S.Johnny Basha, learned standing counsel for the respondents.

2.By consent, the writ petition itself is taken up for final hearing.

3.The petitioner has come up with the present writ petition for a Writ of Certiorari praying to quash the proceedings of the first respondent made in Memo No.042082/948/G.13/G131/2018, dated 21.05.2018.

4.The learned counsel appearing for the petitioner would submit that the petitioner is working as Junior Engineer in Thennur, Trichy Metro Circle of TANGEDCO from February, 2016 onwards and the first respondent, vide impugned order, dated 21.05.2018, transferred him from Trichy Region to Aathanakottai Sub Station at Pudukottai Region. He would further submit that since his daughter has completed Higher Secondary, his presence is necessary for getting admission for her higher studies and apart from that he is taking care of his aged father. https://hcservices.ecourts.gov.in/hcservices/

5.The learned counsel appearing for the respondents would submit that the transfer is made only on the administrative ground and therefore, he states that the writ petition is not maintainable and prayed this Court for dismissal of the writ petition.

6.Now, the learned counsel appearing for the petitioner would submit that the petitioner may be granted six weeks time for taking steps to get admission for higher studies of her daughter and till such time, he may be retained in the same original place. 7.Considering the submissions made on either side, the respondents are directed to permit the petitioner to continue his service in the present place for a period of six weeks from today and thereafter, the petitioner is directed to join in the transferred place, immediately after completion of six weeks. 8.The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Chief Engineer/Personnel, Personnel, TANGEDCO, Anna Salai, Chennai 2.

2. The Superintending Engineer, Trichy Metro Region, TANGEDCO, Trichy.

+1cc to Mr.R.Murali, Advocate Sr.No.66407 +1cc to Mr.S.M.S.Johnny Basha, Advocate Sr.No.66463 SMN/CP VB/SKN/RSK/SAR2/05.06.2018/2P/5C ORDER MADE IN W.P(MD)No.11805 of 2018 and W.M.P(MD)No.10746 of 2018 31.05.2018 https://hcservices.ecourts.gov.in/hcservices/