P.Yogeshwaran v. The Govt. Of Tamilnadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2017 CORAM :
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P(MD)No.18728 of 2017 and W.M.P.(MD) No.15105 of 2017 P.Yogeshwaran ... Petitioner vs.
1.The Government of Tamil Nadu, Represented by its Secretary to Government, Transport Department, Secretariat, Chennai.
2.The Managing Director, Kumbhakonam, Thanjavur District.
3.The General Manager, 4.The General Manager, Trichy Region, Periyamilaguparai, Trichy.
5.The Assistant Manager (Personnel), 6.The Branch Manager, Musiri Branch, Musiri Taluk, Trichy District.
... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records on the files of the 2nd respondent pertaining to its bearing number in Tha.Po.Ka/Kumba/Ma.Va.Me/408-4/2017 dated 26.09.2017 and consequential relieving order dated 28.09.2017 on the file of the 6th respondent and to quash the same and consequently direct the respondents to permit the petitioner to work in the 6th respondent office with continuity of services and all other attendant monetary benefits.
For Petitioner : Mr.N.Sudhagar Nagaraj
For 1st Respondent : Mr.S.Sathesh Kumar Additional Government Pleader For Respondents 2 to 6 : Mr.D.Sivaraman Standing Counsel
ORDER
The Writ Petitioner challenges the order of transfer from Musiri to Jeyankondam.
2.When it has been pointed out to the learned counsel for the petitioner that the order of transfer is an incidence of service and cannot be challenged except on ground of malafide or lack of jurisdiction, the learned counsel appearing for the petitioner seeks permission to withdraw the writ petition with liberty to make a representation to the respondents and he has made an endorsement to that effect.
3.With such liberty, this Writ Petition is dismissed as withdrawn. If the petitioner makes such representation on or before 20.10.2017, the same shall be considered sympathetically by the authorities concerned and a reasoned order shall be passed on merits and in accordance with law and such decision shall be communicated to the petitioner on or before 15.11.2017 and a report of such compliance be filed before the Registrar (Judicial), Madurai Bench of Madras High Court, Madurai on or before 30.11.2017. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(RECORD) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, Transport Department, Government of Tamil Nadu, Secretariat, Chennai.
2.The Managing Director, Kumbhakonam, Thanjavur District.
3.The General Manager,
4.The General Manager, Trichy Region, Periyamilaguparai, Trichy.
5.The Assistant Manager (Personnel), 6.The Branch Manager, Musiri Branch, Musiri Taluk, Trichy District.
Copy to : The Registrar(Judicial), Madurai Bench of Madras High Court, Madurai.
+1cc to M/s. N.SUDHAGAR NAGARAJ Advocate in SR. No. 82049 +1cc to M/s. D.SIVARAMAN Advocate in SR. No. 82271 +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 82172 SJ JS/KP/SAR.2/24.10.2017/3P-11C W.P(MD)No.18728 of 2017 and W.M.P.(MD) No.15105 of 2017 09.10.2017