Madras High CourtWP(MD)/16602/2019disposed of

R.Gopi v. The Additional Director General Of Police(L And O)

2019-08-02Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD).No. 16602 of 2019 and W.M.P(MD).Nos. 13238 & 13240 of 2019 R. Gopi ... Petitioner Vs.

1. The Additional Director of General of Police (L & O), Office of the Director General of Police, Mylapore, Chennai - 600 004.

2. The Inspector General of Police, (South Zone), 77, 4th Street, K.K. Nagar, Race Course Colony, Madurai - 625 002.

3. The Commissioner of Police, Madurai City, No.1/165, Alagar Kovil Main Road, Madurai - 625 002.

4. The Deputy Inspector General of Police, Tirunelveli Range, No.4, St. Thomas Street, Maharaja Nagar, Palayamkottai, Tirunelveli - 627 011.

5. The Inspector of Police, B.3, Teppakulam (L & O) Police Station, Teppakulam, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus and call for the records relating to the impugned transfer order CPO No.1092/2019 - C. No.A3/37871/2019 dated 18.07.2019 passed by the third respondent and relieving order (passport) dated 18.07.2019 issued by the fifth respondent and quash the same and consequently direct the respondents to treat the period from 18.07.2019 to the date of rejoining in service as duty period for all purpose and grant all the service and monetary benefits.

For Petitioner : Mr.A. Thirumurthy For Respondents : Mr. Aayiram K. Selvakumar Additional Government Pleader ***

O R D E R

The writ petition has been filed to quash the impugned transfer order, dated 18.07.2019 in CPO No.1092/2019-C.No.A3/37871/ 2019,

passed by the third respondent and relieving order (passport), dated 18.07.2019 issued by the fifth respondent and also sought direction to the respondents to treat the period from 18.07.2019 to the date of rejoining in service as duty period, for all purpose and monetary benefits.

2. According to the petitioner, he is working as Head Constable (HC 370) in Madurai Range and his 1st child/daughter is studying on KESWICK Public School and Fee for Term-1 & 2 at Rs.30,250/-each has been paid. In the meantime, on administrative grounds, the third respondent has passed the impugned transfer order CPO No.1092/2019C. No. A3/37871/2019, dated 18.07.2019 transferring the petitioner from Madurai City Police to Tirunelveli Range and he has been relieved from Teppakulam police station immediately, on the same day by issuing the Passport by the fifth respondent. According to the petitioner, due to the impugned transfer order passed by the second respondent transferring the petitioner from Madurai to Tirunelveli Range, in the middle of the academic year, his daughter's education would affect severely. Hence, the instant writ petition is filed by the petitioner seeking to quash the impugned transfer order and also sought direction to the respondents to treat the period from 18.07.2019 to the date of rejoining in service as duty period, for all purpose and monetary benefits.

3.By order of this Court, dated 31.07.2019, the learned Additional Government Pleader, on instructions, would submit that the third respondent has agreed the petitioner's request and to consider in Madurai Range instead of Tirunelveli Range. Hence, the petitioner is permitted to make an application, within two days from the date of receipt of copy of this order to the third respondent and on receipt of such application, the third respondent shall pass transfer order to the petitioner within Madurai Range, within one week, thereafter.

4. With the above directions, the writ petition is disposed of. No Costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS) ksa To

1. The Additional Director of General of Police (L & O), Office of the Director General of Police, Mylapore, Chennai - 600 004.

2. The Inspector General of Police, (South Zone), 77, 4th Street, K.K. Nagar, Race Course Colony, Madurai - 625 002.

3. The Commissioner of Police, Madurai City, No.1/165, Alagar Kovil Main Road, Madurai - 625 002.

4. The Deputy Inspector General of Police, Tirunelveli Range, No.4, St. Thomas Street, Maharaja Nagar, Palayamkottai, Tirunelveli - 627 011.

5. The Inspector of Police, B.3, Teppakulam (L & O) Police Station, Teppakulam, Madurai.

+1 CC to M/s.A.THIRUMURTHY, Advocate ( SR-79506[F] dated 02/08/2019 ) +1 CC to M/s.SPL GP ( SR-79722[F] dated 05/08/2019 ) W.P[MD)]No.

16602 of 2019 02.08.2019 KK/SAR/28.08.2019/3P-8C/