Latha. M v. The Chairman And Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.14024 of 2024 and W.M.P(MD)No.12296 of 2024 M.Latha ... Petitioner Vs.

1.The Chairman and Managing Director, TANGEDCO, 144 Anna Salai, Chennai - 600 002.

2.The Chief Engineer (Personnel) TANGEDCO, 144 Anna Salai, Chennai - 600 002.

....Respondents 1/7

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st and 2nd respondents to transfer the petitioner from Sivagangai to any of the existing or ensuing vacancy of Administrative Supervisor post in Madurai EDC/Madurai METRO/Madurai General Construction Circle.

For Petitioner : Mr.T.Sakthi Kumaran For Respondents : Mr.B.Ramanathan

ORDER

The present writ petition has been filed seeking a Writ of Mandamus to direct the respondents to transfer the petitioner from Sivagangai to any of the existing or ensuing vacancy of Administrative Supervisor post in Madurai EDC/Madurai METRO/Madurai General Construction Circle.

2/7

2. Heard Mr.T.Sakthi Kumaran, learned counsel for the petitioner and Mr.B.Ramanathan, learned counsel appearing for the respondents.

3. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

4. The petitioner herein had given several online transfer applications to the respondents seeking to transfer the pet from Sivagangai to Madurai. Since the said applications were not considered by the respondents so far, the petitioner has sent a grievance petition, dated 20.05.2024 to the first respondent. But there is no response till date and hence, the present writ petition has been filed.

5. It is needless to point out that whenever a representation of this nature is made to a Government Authority, 3/7

there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders, instead of keeping the same pending indefinitely. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance of Writ of Mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are required to be given with a direction to consider the representation of the petitioner within a specified time frame.

6. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's grievance petition dated 20.05.2024 on its own merits and pass appropriate orders in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the first respondent to consider the same on its own merits.

4/7

7. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

28.06.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM Note : Issue order copy on 28.06.2024 5/7

To 1.The Chairman and Managing Director, TANGEDCO, 144 Anna Salai, Chennai - 600 002.

2.The Chief Engineer (Personnel) TANGEDCO, 144 Anna Salai, Chennai - 600 002.

6/7

R.N.MANJULA , J.

RM Order made in W.P.(MD)No.14024 of 2024 28.06.2024 7/7