P.Karuthathurai, v. The Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2018

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.21875 of 2018 and W.M.P.(MD)No.19806 of 2018 P.Karuthathurai ...

Petitioner Vs.

1.The Secretary, Transport Department, Fort St.George, Chennai 600 009.

2.The Transport Commissioner, O/o the Transport Commissioner, Chepauk, Chennai - 5.

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Proc.R.No.40118/RA2/2018 (E.O.No.438/2018), dated 10.10.2018 on the file of the second respondent and quash the same as illegal and consequently to direct the second respondent to consider the petitioner for transfer and posting to the available vacancies at Thenkasi, Ambasamudram, Sankarankoil and Puliyarai within the time stipulated by this Court. For Petitioner : Mr.S.Louis For Respondents : Mr.S.Dhayalan, G.A.

O R D E R

The petitioner has come forward with the present Writ petition to quash the impugned order in Proc.R.No.40118/RA2/2018 (E.O.No.438/2018), dated 10.10.2018 passed by the second respondent and consequently, direct the second respondent to consider the petitioner for transferring and posting to the available vacancies at Thenkasi, Ambasamudram, Sankarankoil and Puliyarai within the time limit.

2.The second respondent has proceeded with in passing the impugned order on the assumption that the Writ petition was pending. However, the Writ petition was disposed of. 3.The learned Government Advocate appearing for the respondents would submit that the impugned order is interfered with by this Court and same may be set aside with liberty to consider the case of https://hcservices.ecourts.gov.in/hcservices/

the petitioner in the light of the earlier decision of this Court. He further would submit that the case of the petitioner would be considered accommodating him in the existing / available vacancies at Tirunelveli District within a period of one month 4.In view of the above said submission, this Writ petition is disposed of directing the respondent concerned the petitioner would be accommodated in the existing / available vacancies at Tirunelveli District within a period of one month from the date of receipt of a copy of this order. No costs. Consequently, connected W.M.P.is closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-IV) To 1.The Secretary, Transport Department, Fort St.George, Chennai 600 009.

2.The Transport Commissioner, O/o the Transport Commissioner, Chepauk, Chennai - 5.

+1 CC To MR.S.LOUIS, Advocate SR. NO. 94043 +1 CC TO The Special Government Pleader SR.NO. 93853 W.P.(MD)No.21875 of 2018 31.10.2018 NBI TR/SV/SAR-IV(20.11.2018)2P 5C https://hcservices.ecourts.gov.in/hcservices/