P.Sugumar v. The Senior Deputy Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.M.P.(MD) Nos.8714 and 8716 of 2020 (Through Video Conferencing) P.Sugumar ... Petitioner Vs.
1.The Senior Deputy Manager, Tamil Nadu State Transport Corporation, (Kumbakonam Ltd) Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam Ltd) Karur Region, Karur.
3.The Branch Manager, Musiri Branch Tamil Nadu State Transport Corporation (Kumbakonam Ltd) Kumbakonam Karur Region, Karur.
... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records on the file of the 1st respondent in his proceedings in TNSTC/KUM/HRD1/84/2020 dated 14.07.2020 and quash the same as illegal and consequently directing the respondents herein to permit the petitioner to discharge his duty as Assistant Engineer in Musiri Branch, Tamil Nadu State Transport Corporation (Kumbakonam Ltd), Karur Region, Karur.
For Petitioner :
Mr.D.Anbarasu For Respondents :
Mr.P.M.Vishnu Vardhanan Standing counsel
ORDER
Challenging the order passed by the 1st respondent dated 14.07.2020, the writ petition has been filed.
2. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.
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3. The petitioner has been working as Technical Supervisor of the second respondent Transport Corporation. He along with another Technical Supervisor has been subjected to transfer by the impugned order dated 14.07.2020, whereby, the petitioner has been transferred from Musiri Branch Karur Region, to Pudukottai Region on administrative reasons. Challenging the same, the present writ petitioner has been filed.
4. The learned counsel for the petitioner would submit that, during Covid-19 period, the petitioner has been transferred from Musiri Branch, Karur Region to Pudukottai Region, which is 120 kms., away from Karur District. Therefore, the said order can be construed as a punitive transfer and not purely on administrative grounds.
5. However, the learned standing counsel for the respondents would submit that, it is a purely an administrative transfer, not only the petitioner yet another incumbent of the same Karur Region also have been transferred from Trichy to Karur. Therefore, such a regional transfer on administrative exigencies cannot be questioned without any valid reason. Therefore, the impugned order need not be interfered with, he contended.
6. I have considered the said submissions made by both sides and I have perused the impugned order, whereby the petitioner has been subjected to only a simple transfer on administrative ground and no other ground other than administrative reason has been stated there and no reason of malafide or otherwise or want of jurisdiction has been raised by the petitioner, challenging the impugned order. Therefore, this Court is not inclined to accept the prayer as sought for by the petitioner. Accordingly, the writ petition deserves to be rejected and it is dismissed. No costs. Consequently connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) RR 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.
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To 1.The Senior Deputy Manager, Tamil Nadu State Transport Corporation, (Kumbakonam Ltd) Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam Ltd) Karur Region, Karur.
3.The Branch Manager, Musiri Branch Tamil Nadu State Transport Corporation (Kumbakonam Ltd) Kumbakonam Karur Region, Karur.
+1 CC to M/s.P.M. VISHNUVARTHANAN, Advocate ( SR-14799[F] dated 24/08/2020 ) and W.M.P.(MD) Nos.8714 & 8716 of 2020 21.08.2020 AP(22/09/2020) 3 P 5C 3/3