Madras High CourtWP(MD)/15469/2021dismissed

Saravanaperumal A v. The Chief Engineer/Personnel

2022-03-21Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P(MD) Nos.12363 and 12364 of 2021 A.Saravanaperumal ... Petitioner -vs1.The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Tamil Nadu Electricity Board, Chennai-600 002.

2.The Chief Engineer/Distribution, Tamil Nadu Generation and Distribution Corporation Ltd., Tamil Nadu Electricity Board, Tirunelveli.

3.The Superintending Engineer/ Distribution, Tamil Nadu Generation and Distribution Corporation Ltd., Tamil Nadu Electricity Board, Kanyakumari Electricity Distribution Circle, Nagercoil, Kanyakumari District.

4.P.Gandhi Selvei Accounts Supervisor, O/o. Executive Engineer (Distribution), S.E.Office Campus, Nagercoil, Kanyakumari District.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order passed by the second respondent in Memo No.009353/1655/Adm/A.1/AAO/2021, dated 21.08.2021 and Memo No.009354/1656/Adm/A.1/F.AAO/2021, dated 21.08.2021 and quash the same and consequently direct the respondents 1 to 3 permit the petitioner to continue as Assistant Accounts Officer/Cash/C.O/Nagercoil, kanyakumari Electricity Distribution Circle.

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For Petitioner : Mr.M.Saravanakumar For R1 to R3 : Mr.S.Arivalagan For R4 : Mr.P.T.Ramesh Raja

O R D E R

The petitioner is working as Assistant Accounts Officer in the Office of the Superintending Engineer, Nagercoil, Kanyakumari Electricity Distribution Circle. The petitioner states that he has been transferred from Nagercoil to Tuticorin, which affected his normal life.

2.This Court is of the considered opinion that the order of transfer impugned reveals that the petitioner was transferred from Nagercoil to Tuticorin Electricity Distribution Circle on administrative convenience as per the order of the Head Office. The petitioner is working in a responsible position as Assistant Account Officer. When the Head Office has taken a decision that the services of the writ petitioner are required in Tuticorin District, for the administrative convenience, the said order cannot be interfered with by the High Court. The administrative transfers are issued for effective administration of TANSIDCO. The High Court cannot interfere with the day-to-day administration of the departments.

3.Transfer is an incidental to service more so a condition of service. The order of transfer may be challenged, if such an order is tainted with mala fide or issued by an incompetent authority, but not otherwise. However, in the present case, the petitioner was transferred from Nagercoil to Tuticorin on administration convenience and such a finding cannot be interfered with by the Court. Therefore, this Court is of the considered opinion that the petitioner being the Assistant Account officer, has to work for the welfare of the institution and with devotion to duty. In the present case, the said order would not affect the life of the writ petitioner.

4.Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

TO 1.The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Tamil Nadu Electricity Board, Chennai-600 002.

2.The Chief Engineer/Distribution, Tamil Nadu Generation and Distribution Corporation Ltd., Tamil Nadu Electricity Board, Tirunelveli.

+1CC to M/s.M.SARAVANAKUMAR, Advocate (SR-13431[F] dated 22/03/2022) +1CC to M/s.P.T.RAMESH RAJA, Advocate (SR-13737[F] dated 23/03/2022) and W.M.P(MD) Nos.12363 and 12364 of 2021 21.03.2022 CP MS/30.03.2022/3P.6C 3/3