Madras High CourtWP(MD)/2496/2016disposed of

T.Amutha, W/So.Subramanian v. The State Rep. By The District

2016-06-15Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.06.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.2496 of 2016 T.Amutha .. Petitioner vs.

1.The State represented by The District Collector, Trichirappalli.

2.The Panchayat Union Commissioner, Thathaiyengarpet, Musiri Taluk, Trichy District. .. Respondents PRAYER:Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to consider the representation of the petitioner, dated 29.01.2016 for transfer from the petitioner's place of appointment at Melakottam in Musiri Taluk, Trichy District and to the place of Serkudi in Musiri Taluk, Trichy District where the petitioner is presently working in the existing vacancy. For Petitioner :Mr.V.Singan For Respondents :Mr.G.Muthukannan, Government Advocate

ORDER

Mrs.T.Amutha, who is working as Noon Meal Organiser in tMelakottam Panchayat Union Primary School with additional charge at Serkudi Village in Musiri Taluk, Trichy District, has come to this Court seeking issuance of a Writ of Mandamus directing the respondents to consider her representation, dated 29.01.2016, seeking transfer from the place of Melakottam to Serkudi stating that she has been given additional charge from 28.02.2013 and she may be considered in the said vacant Post before considering any other person, by relieving her from Melakottam.

2. Mr.G.Muthukannan, learned Government Advocate takes notice for the respondents.

3. The case of the petitioner is that while she was serving as a Noon Meal Organizer at Melakottam, nearby place Serkudi was taken care of by one Thangavelu, which is also come within the jurisdiction of the second respondent. After his retirement, the petitioner was directed by the second respondent vide order, dated https://hcservices.ecourts.gov.in/hcservices/

28.02.2013, to take additional charge of Noon Meal Organizer Post at Serkudi. Since the petitioner has been shunting from both places Melakottam to Serkudi, she has given a representation to the respondents on 29.01.2016 seeking permanent transfer to Serkudi, where she has been given additional charge from 28.02.2013.

4. This Court is of the view that when the petitioner has been holding two Posts one at Melakottam and another at Serkudi from 28.02.2013, there is no impediment for giving direction to the first respondent District Collector, Trichirappalli District.

5. Accordingly, the first respondent is directed to consider the representation of the petitioner, dated 29.01.2016 and pass orders on the same, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(W) /TRUE COPY/ Sub Assistant Registrar To 1.The District Collector, Trichirappalli.

2.The Panchayat Union Commissioner, Thathaiyengarpet, Musiti Taluk, Trichy District.

+1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO: 30844 pm JA-PEK-01.07.2016/2P;4C W.P.(MD)No.2496 of 2016 15.06.2016 https://hcservices.ecourts.gov.in/hcservices/