Jothimani, v. The Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2017 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)Nos.21648 to 21650 of 2017 and W.M.P.(MD)Nos.17924 to 17929 of 2017 Jothimani ... Petitioner in W.P.(MD)No.21648 of 2017 Adhiparasakthi ... Petitioner in W.P.(MD)No.21649 of 2017 K.Shanmugam ... Petitioner in W.P.(MD)No.21650 of 2017 Vs.
1.The Director, Adi Dravidar Welfare Department, Chennai.
2.The District Adi Dravidar Welfare Officer, Dindigul District, Dindigul.
3.Anithamani Megala
...Respondents in W.P.(MD)No.21648 of 2017
1.The Director, Adi Dravidar Welfare Department, Chennai.
2.The District Adi Dravidar Welfare Officer, Dindigul District, Dindigul.
3.V.M.Amutha
...Respondents in W.P.(MD)No.21649 of 2017
1.The Director, Adi Dravidar Welfare Department, Chennai.
2.The District Adi Dravidar Welfare Officer, Dindigul District, Dindigul.
3.C.Saravanan
...Respondents in W.P.(MD)No.21650 of 2017
Common Prayer: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Certiorari, calling for the records in pursuance of the order passed by the first respondent in Na.Ka.No.R1/11435/2017-3, Na.Ka.No.R1/11435/2017-4 and Na.Ka.No.R1/11435/2017-6 respectively and dated 17.11.2017 and quash the same as unconstitutional.
For Petitioners : Mr.J.Sivaram For R1 & R2 : Mr.A.K.Baskara Pandian, Special Government Pleader.
In all Writ Petitions.
https://hcservices.ecourts.gov.in/hcservices/
COMMON ORDER Heard Mr.J.Sivaram, learned counsel for the petitioners and Mr.A.K.Baskara Pandian, learned Special Government Pleader, who takes notice on behalf of the respondents 1 and 2 in all Writ Petitions.
2.When it was pointed out that the present Writ Petition challenging the impugned orders of transfer cannot be entertained in view of the settled legal position that an order of transfer is an incidence of service and cannot be subjected to judicial review except on the limited grounds of male fide or violation of statutory provisions, the learned counsel for the petitioners sought permission of this Court to withdraw the Writ Petitions with liberty to make a representation to the concerned authorities to post the petitioners, in a place convenient to the petitioners, having due regard to the education of their children. 3.In these circumstances, these Writ Petitions are dismissed as withdrawn with liberty to the petitioners to make representation on or before 11.12.2017 to the respondent, which shall be dispassionately considered by the concerned authorities and reasoned orders shall be passed on merits in accordance with law and the decision taken shall be communicated to the petitioner on or before 22.12.2017. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The Director, Adi Dravidar Welfare Department, Chennai.
2.The District Adi Dravidar Welfare Officer, Dindigul District, Dindigul.
+1cc to Special Government Pleader, SR.No. 89933 +3cc to M/S.J.Sivaram, Advocate SR.No. 89580 to 89582 W.P.(MD)Nos.21648 to 21650 of 2017 27.11.2017 myr JM/SV MMS/SAR 3/05.12.2017/2P/7C https://hcservices.ecourts.gov.in/hcservices/