Batres Sudheer Lal .V v. The Commissioner Of Treasuries And Account

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.12977 and 12979 of 2023 V.Batres Sudheer Lal ... Petitioner Vs.

1.The Commissioner of Treasuries and Account, 3rd Floor Perasiriyar K.Anbazhagan Maaligai, No.571, Anna Salai, Nandanam, Chennai - 600 035.

2.The Treasury Officer, District Treasury Office, Nagercoil.

3.The Sub Treasury Officer, The Sub Treasury Office, Karungal, Kanyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records on the files of the 2nd respondent pertain to its proceedings bearing Che.Mu.Na.Ka.No.1240/2023/C1 dated 08.05.2023 and to quash the same as illegal and consequently directing the 1/4

respondents to permit the petitioner to discharge the petitioner as accountant in the 3rd respondent office.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.G.Suriyananth, Addl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner is working as Accountant in the office of the third respondent. He had been visited with the impugned order of transfer. He has been shifted to the office of the second respondent. The petitioner challenges the said order on the ground that transfer order is breach of Letter (Ms) No.92/S/09, dated 22.07.2009 and G.O.(Ms)No.107, Personnel and Administrative Reforms Department dated 03.09.2020. 3.When the matter was taken up for hearing, it was very fairly stated that considering the physical disability of the petitioner, the administration is willing to accommodate him in a place of his choice. I record my appreciation for the gesture shown by Shri.N.Haja 2/4

Nasumuthin, District Treasury Officer, District Treasury Office, Nagercoil. He has demonstrated as to how the physically challenged persons must be treated with compassion and sensitivity. 4.The petitioner is permitted to submit a representation within a period of seven days from the date of receipt of a copy of this order before the second respondent indicating his place of choice. The second respondent shall honour the undertaking given before this Court. Till the second respondent disposes of the the petitioner's request, the order impugned in this writ petition will be put on hold. The benefit given to the petitioner by this order will stand vacated if the petitioner fails to submit his request to the second respondent within seven days. 5.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 30.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias To:- 1.The Commissioner of Treasuries and Account, 3rd Floor Perasiriyar K.Anbazhagan Maaligai, No.571, Anna Salai, Nandanam, Chennai - 600 035.

2.The Treasury Officer, District Treasury Office, Nagercoil.

3.The Sub Treasury Officer, The Sub Treasury Office, Karungal, Kanyakumari District.

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