D,Shanthi v. The Chief Engineer

W.P.(MD) No.7241 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2020

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.7241 of 2020 (Through Video Conferencing) D.Shanthi ... Petitioner Vs.

1.The Chief Engineer, The Tamilnadu Electricity Generation and Distribution Corporation Ltd.(TANGEDCO), No.144, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, Trichy Electricity Distribution Circle/Metro, Trichy.

3.The Executive Engineer, Operation & Maintenance, TANGEDCO, Musiri, Trichy.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's transfer application dated 03.04.2020 made under 'Reback Policy' forwarded by the 3rd respondent to the 2nd respondent vide communication made in Ka.No.361/Admin/U.1/Ko.Reback/2020 dated 16.05.2020 and pass orders on the same and thereby transfer the petitioner to the O/o.Assistant Engineer, Operation & Maintenance, Mannarpuram, Trichy within the time stipulated by this Court.

For Petitioner : Mr.D.Sadiq Raja For Respondents : Mr.Sakthi Kumaran

O R D E R

By consent of both parties, this writ petition is taken up for final disposal.

2.The petitioner has filed this writ petition for a limited relief to consider the petitioner's transfer application dated https://hcservices.ecourts.gov.in/hcservices/ ____________ Page No 1 of 2

W.P.(MD) No.7241 of 2020 03.04.2020 made under 'Reback Policy'.

3.The learned counsel appearing for the respondents submits that the request for transfer, if any, ought to have been made only before the 1st respondent, which, in any event, cannot be entertained at this stage, in view of the fact that the petitioner is serving in the same circle, he has not been transferred outside the circle, as Reback policy applies only for transfer outside the circle. 4.Without going into the merits of the case, I am inclined to dispose of this writ petition by directing the 2nd and 3rd respondents to forward the representation of the petitioner dated 25.11.2019 and 03.04.2020 to the 1st respondent and on receipt of the same, the 1st respondent is directed to dispose the said representations. The said exercise has to be completed, within a period of 45 days from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) 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.

W.P.(MD) No.7241 of 2020 03.07.2020 SMA/28/07/2020/2P/1C https://hcservices.ecourts.gov.in/hcservices/ ____________ Page No 2 of 2