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Madras High CourtWP(MD)/17110/2023disposed of

Rajasekar.P v. The Chairman

2023-07-17Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI P.Rajasekar ... Petitioner Vs.

1.The Chairman, TNEB/TANGEDCO, No.144, Anna Salai, N.P.K.R.R.Maligai, Chenai-600 002.

2.The Chief Engineer (Personal), TNEB/TANGEDCO, No.144, Anna Salai, N.P.K.R.R.Maligai, Chenai-600 002.

3.The Superintending Engineer, TNEB/TANGEDCO, Madurai Electricity Distribution Circle, Metro Madurai, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent no.2 to consider the petitioner's Transfer Request Application, dated 03.07.2023 in Application No.RT072023-5969 and the petitioner's representation, dated 06.07.2023 to transfer the petitioner for the post of Inspector of Assessment 1/6

from Madurai District to any other available vacant place or will arise in the future at any place of Kanyakumari District in light of Section 7(a) of (Rt) CMD/TANGEDCO/TNEB Board Proceedings No.5, dated 28.06.2017 within time stipulated by this Court.

For Petitioner : M/s.A.Victoria for I.Pinaygash For Respondents : Mr.M.Parameshwari Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the 2nd respondent to consider the petitioner's Transfer Request Application, dated 03.07.2023 in Application No.RT072023-5969 and the petitioner's representation, dated 06.07.2023 to transfer the petitioner for the post of Inspector of Assessment from Madurai District to any other available vacant place or will arise in the future at any place of Kanyakumari District in light of Section 7(a) of (Rt) CMD/TANGEDCO/TNEB Board Proceedings No.5, dated 28.06.2017 within time stipulated by this Court.

2. The petitioner joined in the post of Assessor in TNEB/TANGEDCO at Kanyakumari District. Subsequently, he was promoted to the post of Inspector 2/6

of Assessment and he was serving for the past 13 years. On 05.06.2020, the petitioner was promoted and transferred as Inspector of Assessment at Arasamaram, Madurai Electricity Distribution Circle (Metro) from Kanyakumari District and presently, he is serving in Madurai. The petitioner's wife, one Agnes Immaculate Sobiya is working as Librarian in Kanyakumari District and his children are also studying in Kanyakumari. His father is no more and his 78 years old mother is under treatment and bedridden. Hence, it is necessary for the petitioner to be in Kanyakumari District. For the past 3 years, the petitioner is working in Madurai and hence, he made an application to get transferred from Madurai to Nagercoil and request application was made to that effect on 01.07.2021. However, the said application was not considered. Finally, on 06.07.

2023 the petitioner has sent a detail representation to the 2nd respondent seeking to transfer him to the post of Inspector of Assessment from Madurai to any vacant place in Kanyakumari District. Since the said representation is not considered, this writ petition came to be filed.

3. Heard M/s.A.Victoria, learned counsel for the petitioner and M/s.M.Parameshwari, learned standing counsel for the respondents and perused the materials available on record.

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4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, nonconsideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

5. This Court is inclined to direct the 2nd respondent to consider the petitioner's Transfer Request Application, dated 03.07.2023 and pass a reasoned order within a period of twelve (12) weeks from the date of receipt of a copy of this order. With the said observations, this Writ Petition stands disposed of. No costs.

17.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg 4/6

To The Chief Engineer (Personal), TNEB/TANGEDCO, No.144, Anna Salai, N.P.K.R.R.Maligai, Chenai-600 002.

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L.VICTORIA GOWRI, J.

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