Madras High CourtWP(MD)/5201/2016disposed of

S.Mathiarasu, v. The Commissioner Of Food

2016-03-15Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.03.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.5201 of 2016 S.Mathiarasu ... Petitioner Vs.

The Commissioner of Food Safety, O/o.the Commissioner of Food Safety, 5th Floor, DMS Building, 259, Anna Salai, DMS Campus, Teynampet, Chennai.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to consider the petitioner for transfer in the Post of Food Safety Officer in any of the available vacancy within the jurisdiction of Madurai by considering his representation, dated 05.10.2015 within the period that may be stipulated by this Court. For Petitioner : Mr.C.Venkatesh Kumar for M/S.Ajmal Associates For Respondent : Mr.R.Anandaraj, Government Advocate

ORDER

Mr.R.Anandaraj, learned Government Advocate takes notice for the respondent.

2. By consent of parties, the main Writ Petition is taken up for final disposal.

3.The petitioner seeks for a Mandamus directing the respondent to consider the request of the petitioner for transfer in the Post of Food Safety Officer in any of the available vacancy within the jurisdiction of Madurai by considering his representation, dated 05.10.2015, within a stipulated time.

4. The case of the petitioner is that he was appointed as Leprosy Inspector on 26.12.1988 and further promoted as Food Safety Officer on 25.10.2011. From the year 2011, the petitioner https://hcservices.ecourts.gov.in/hcservices/

has been working as Food Safety Officer at Sanarpatti Block, Dindigul District. Since the wife of the petitioner is working as B.T. Assistant(Tamil) at Madurai Corporation Higher Secondary School, Kakaipadinar, Madurai, the petitioner has made a representation before the respondent on 05.10.2015 seeking transfer. But there was no response from the respondent. Hence, the petitioner has come forward with the present Writ Petition for the above stated relief.

5. Considering the limited scope of the prayer made in this Writ Petition, without expressing any opinion on the merits of the claim made by the petitioner, the respondent is directed to consider the representation of the petitioner, dated 05.10.2015 and pass appropriate 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 /True Copy/ Sub Assistant Registrar pm To The Commissioner of Food Safety, O/o.the Commissioner of Food Safety, 5th Floor, DMS Building,259, Anna Salai, DMS Campus, Teynampet,Chennai.

+1CC to M/S.Ajmal Associates Sr.No.14668 +1CC to Spl.Government Pleader Sr.No.14943 GJM/SK/SKN/23.3.16-2p-4C W.P(MD)No.5201 of 2016 15.03.2016 https://hcservices.ecourts.gov.in/hcservices/