Eswaran v. The Dgp / Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2025
CORAM:
THE HONOURABLE Mr.JUSTICE BATTU DEVANAND W.P.(MD)No.10072 of 2025 and W.M.P.(MD)Nos.7511, 7513 and 7514 of 2025 Eswaran ... Petitioner Vs 1.The DGP / Director, Fire and Rescue Services, Egmore, Chennai - 600 008.
2.The Deputy Director (Administration), Fire and Rescue Services, Egmore, Chennai - 600 008.
3.Kandharaj S/o.not known The Deputy Director (Administration), Fire and Rescue Services, Egmore, Chennai - 600 008.
4.The Deputy Director, Fire and Rescue Services, Tirunelveli.
5.The District Officer, Fire and Rescue Services, Thoothukudi District.
6.The Station Officer, Fire and Rescue Services Department, Thoothukudi Thermal Power Station, Thoothukudi District.
7.The Station Officer, Tirunelveli City Fire and Rescue Services Department, Tirunelveli City, Tirunelveli District.
8.Tr.S.Kumarasamy, DM 7565, Vembakottai Fire Station, through the officer concerned, The District Officers, Virudhunagar & Tirunelveli District.
9.The Station Officer, Gangaikondan Fire and Rescue Services Department, Tirunelveli District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the entire record pertaining to the impugned order passed by the 1st respondent in K.Dis.No.4009/C3/2025 dated 25.03.2025 and quash as illegal and consequently direct the 1st and 4th respondents to consider
the petitioner's Transfer Application dated 20.09.2024 & 10.01.2025 and to transfer the petitioner in the post of driver mechanic in 7th or 9th respondents stations, within the time stipulated by this Court. For Petitioner : Mr.P.M.Vishnu Varthanan For R1, R2 : Mr.D.Sachi Kumar R4 to R7 & R9 Additional Government Pleader
O R D E R
Heard the learned Counsel for the petitioner and the learned Additional Government Pleader for the respondents except the eighth respondent.
2.In view of the order being passed hereinunder is not against the eighth respondent, this Court is dispensing with the notice to the eighth respondent.
3.Having heard the learned Counsel for the petitioner and Mr.D.Sachi Kumar learned Additional Government Pleader and on careful perusal of the material available on record, the admitted facts in
this case are not in dispute.
4.The petitioner is working as Driver Mechanic under the sixth respondent. He is seeking transfer to the ninth respondent place on several occasions from the year 2021. He is asking transfer from the sixth respondent place to any other place. He approached this Court also by filing writ petition in W.P(MD)No.11817 of 2021, which was disposed by order dated 05.10.2021, directing the fourth respondent, therein, to consider his request in case of any vacancy arose in Tirunelveli Division to post him. But his request was not considered. 5.According to the learned Counsel for the petitioner, there is a vacancy for the post of Driver Mechanic in the office of the ninth respondent and the petitioner's claim may be considered by the first respondent, considering his request in the light of the order dated 05.10.2021 of this Court in W.P(MD)No.11817 of 2021 and order, dated 13.03.2024 in W.P.(MD)No.5958 of 2024.
6.The learned Additional Government Pleader appearing for the
official respondents initially sought time to get instructions from the concerned officers and considering the opinion expressed by this Court he agreed to dispose of this writ petition with a direction to the first respondent to consider the request of the petitioner to post the petitioner in the ninth respondent office if any vacancy available. 7.In view of the above facts and circumstances, this writ petition is disposed of with the consent of both sides, with a direction to the first respondent to consider the claim of the petitioner for transfer and posting in the ninth respondent office as Driver Mechanic if any vacancy available as on date and pass appropriate orders, within a period of two weeks, from the date of receipt of a copy of this order. 8.There shall be no order as to costs.
9.Consequently, the connected miscellaneous petitions are closed. 09.04.2025 NCC : Yes/No Index : Yes/No Internet : Yes LR
To 1.The DGP / Director, Fire and Rescue Services, Egmore, Chennai - 600 008.
2.The Deputy Director (Administration), Fire and Rescue Services, Egmore, Chennai - 600 008.
3.The Deputy Director, Fire and Rescue Services, Tirunelveli.
4.The District Officer, Fire and Rescue Services, Thoothukudi District.
5.The Station Officer, Fire and Rescue Services Department, Thoothukudi Thermal Power Station, Thoothukudi District.
6.The Station Officer, Tirunelveli City Fire and Rescue Services Department, Tirunelveli City, Tirunelveli District.
7.The Station Officer, Gangaikondan Fire and Rescue Services Department, Tirunelveli District.
BATTU DEVANAND, J.
LR W.P.(MD)No.10072 of 2025 Dated : 09.04.2025