Malarvizhi. S.P.N v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.12.2020
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.19442 of 2020 and W.M.P.(MD) No.16211 of 2020 S.P.N.Malarvizhi
...Petitioner
Vs 1.State of Tamilnadu, represented by its Additional Chief Secretary to Government, Transport Department, Fort St.George, Chennai -9.
2.The Managing Director, State Express Transport Corporation Tamilnadu Limited, Pallavan House, Chennai 600 002.
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to restore all the duties and responsibilities vested with the petitioner in the post of Divisional Manager, State Express Transport Corporation Tamil Nadu Limited, Tirunelveli Division, prior to the issuance of transfer order dated 01.10.2020 issued by the 2nd respondent, within the time period stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For R1 : Mr.A.Thiagarajan Government Advocate For R2 : Mr.J.Senthil Kumaraiah Standing Counsel
ORDER
This Writ Petition is filed to direct the 1st respondent to restore all the duties and responsibilities vested with the petitioner in the post of Divisional Manager, State Express Transport Corporation Tamil Nadu Limited, Tirunelveli Division, prior to the issuance of transfer order dated 01.10.2020 passed by the 2nd respondent.
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2.By consent of both the parties, the writ petition is taken up for final disposal at the admission stage itself. 3.When the matter is taken up for hearing today through video conferencing, the learned counsel appearing for the petitioner would submit that it is suffice, if a direction is issued to the 1st respondent to dispose of the petitioner's representation, dated 09.12.2020.
4.In reply, Mr.A.Thiagarajan, learned Government Advocate appearing for the 1st respondent would fairly submit that the petitioner's representation, dated 09.12.2020, would be considered on merits and in accordance with law, within a period of ten weeks. 5.Having regard to the limited scope of the prayer sought for by the petitioner and in view of the submission made by the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing for the 1st respondent, this Court is inclined to pass the following direction:- the 1st respondent is directed to consider the petitioner's representation, dated 09.12.2020 and dispose of the same on merits and in accordance with law, within a period of ten weeks from the date of receipt of a copy of this order;
6.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To The Additional Chief Secretary to Government, Transport Department, Fort St.George, Chennai -9.
+1cc to Mr.T.Lajapathi Roy, Advocate Sr.No.27300 +1cc to Spl GP SR.No.27269 W.P.(MD) No.19442 of 2020 23.12.2020 VB (06.01.2021) 3P 4C 3/3