Madras High CourtWP(MD)/13920/2017dismissed

G.Radhakrishnan v. The General Manager(Hr)

2017-07-27Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.13920 of 2017 G.Radhakrishnan ... Petitioner -vs1. The General Manager (HR) Human Resources, Unit III Bharat Heavy Electricals Limited, Trichy - 14.

2. The General Manager, PPPU, Bharat Heavy Electricals Limited, Thirumayam, Pudukottai.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to transfer the petitioner from Bharat Heavy Electricals Limited, Thirumayam, to Bharat Heavy Electricals Limited Trichy based on the representation of the petitioner dated 02.05.2017 and 05.05.2017.

For Petitioner :

Mr.S.Karthick Subramanian

ORDER

The present writ petition has been filed seeking a direction to the respondents to transfer the petitioner from Bharat Heavy Electricals Limited, Thirumayam, to Bharat Heavy Electricals Limited Trichy based on the representation of the petitioner dated 02.05.2017 and 05.05.2017.

2. The grounds raised in the writ petition is that (i) Earlier, the petitioner has given a request letter for his transfer from Thirumayam to Trichy, based on which, in the year 2015, the first respondent proposed to transfer him from Thirumayam.

But later, the said proposal was withdrawn. Unfortunately, the said proposal has not been enclosed herein. That shows that there is no such proposal ;

https://hcservices.ecourts.gov.in/hcservices/ (ii) The second reason given by the petitioner is that his two daughters got married and the petitioner is residing with his

wife, who is also affected due to some ailments. But neither the name of ailments nor medical documents have been produced to show that his wife is taking treatment ;

(iii) Thirdly, it is stated that the petitioner is regularly taking treatment from Trichy and no records whatsoever have been produced to substantiate the same.

3. When the employer alone is competent to decide who should be transferred and when, this Court should not have been approached by the petitioner. Therefore, this Court finds no merits in the writ petition and therefore, is not inclined to grant the relief sought for by the petitioner. Accordingly, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar RR VB/GT/SAR4/16/08/2017/2P/1C W.P(MD)No.13920 of 2017 27.07.2017 https://hcservices.ecourts.gov.in/hcservices/