M.Samuthiram v. The General Manager, Administration,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.18976 of 2025 and WMP (MD) Nos.14536 and 14537 of 2025 M.Samuthiram : Petitioner Vs.

1. The General Manager, Adminis, Tration,, Tamilnadu State Transport Corporation (Madurai) Limited, Virudhunagar Region, Virudhunagar.

2. The Assistant Manager (Administration), Tamilnadu State Transport Corporation (Madurai) Limited, Virudhunagar Region, Virudhunagar.

3. The Branch Manager, Tamilnadu State Transport Corporation (Madurai) Limited, Rajapalayam-1, Virudhunagar Region.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records of the second respondent in his proceedings in Virudu/Ad/A2/59/2025 dated 1/6

05.05.2025 and quash the same as illegal.

For Petitioner : Mr. M.Jothi Basu For Respondents : Mr.S.Raja

O R D E R

This writ petition has been filed challenging the impugned transfer order issued by the second respondent, transferring the petitioner from Rajapalayam-I to the Sattur Branch.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The learned counsel for the petitioner submitted that the petitioner is a trade union activist. The petitioner has undergone hip replacement surgery and is suffering from a chronic illness. Despite the availability of a vacancy at Rajapalayam-II, he was transferred from Rajapalayam-I to Sattur. Therefore, it is evident that the transfer is punitive in nature and constitutes a gross violation of the principles of natural justice. As such, the impugned transfer order is vitiated by malice in law and is liable to be quashed.

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4. Per contra, the learned Standing Counsel appearing on behalf of the respondents submitted that the impugned transfer order was issued purely on administrative grounds. Therefore, the learned counsel contended that the writ petition is devoid of merit and prayed for its dismissal.

5.Heard the learned counsel for the parties and perused the materials available on record.

6. It is a well-settled principle in service jurisprudence that transfer is an incidence of service and falls within the domain of the employer to ensure administrative exigency and efficiency. Courts have consistently held that interference in transfer matters is warranted only when the order is shown to be vitiated by mala fides, issued in contravention of statutory rules or made in a vindictive manner. The petitioner has also not substantiated any allegation of mala fides or violation of statutory provisions in the issuance of the said transfer order.

7. Therefore, this Court is of the considered opinion that the impugned order does not warrant any interference and accordingly, this 3/6

writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.

14.07.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The General Manager, Adminis, Tration,, Tamilnadu State Transport Corporation (Madurai) Limited, Virudhunagar Region, Virudhunagar.

2. The Assistant Manager (Administration), Tamilnadu State Transport Corporation (Madurai) Limited, Virudhunagar Region, Virudhunagar.

3. The Branch Manager, Tamilnadu State Transport Corporation (Madurai) Limited, Rajapalayam-1, Virudhunagar Region.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.18976 of 2025 14.07.2025 6/6