V.Veerappan v. The Personal Assistant (Development)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.19227 of 2024 and W.M.P(MD) No.16290 of 2024 V.Veerappan ... Petitioner Vs.
1. The Personal Assistant (Development) District Collectorate Complex, Dindigul.
2. The Block Development Officer, (Village Panchayat) (Rural Union) Office of Block Development Officer, Vadamadurai Union, Vadamadurai - 624 802, Dindigul District.
3. The Additional Block Development Officer, Region III, Office of Additional Development Officer, Region III, Vadamadurai Union, Vadamadurai - 624 802, Dindigul District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the 1/5
records relating to the impugned Transfer Order in Na.Ka.No.637/2023/jp1 dated 02.08.2024 in so far as the petitioner is concerned passed by the second respondent and quash the same as illegal and consequently direct the second respondent to permit the petitioner to continue to work in the present working place of Velvarkottai Panchayat, Vadamadurai Union, Dindigul District. For Petitioner : Mr.L.Prabhu For R 1 : Mr.S.Shanmugavel Additional Government Pleader For R2 and R3 : Mr.R.Suresh Kumar Additional Government Pleader
O R D E R
The present Writ Petition has been filed by a Panchayat Secretary challenging the order of transfer on the sole ground that the order of transfer has been passed by the Block Development Officer without consulting the Executive Authority of the Panchayat.
2. The learned counsel appearing for the petitioner had relied upon the Tamil Nadu Village Panchayats Secretaries (Conditions of Service) Rules, 2013.
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3. The learned Additional Government Pleader appearing for the first respondent brought to the notice of this Court that the above said Service Rules have been repealed by Tamil Nadu Village Panchayts Secretaries (Conditions of Service) Rules 2023. As per Rule 13 of the New Rule, consultation with E.O is not contemplated.
4. Considering the above said fact that the petitioner has been transferred only within the Block, there cannot be any grievance. There are no merits in the writ petition. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.
09.08.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5
To
1. The Personal Assistant (Development) District Collectorate Complex, Dindigul.
2. The Block Development Officer, (Village Panchayat) (Rural Union) Office of Block Development Officer, Vadamadurai Union, Vadamadurai - 624 802, Dindigul District.
3. The Additional Block Development Officer, Region III, Office of Additional Development Officer, Region III, Vadamadurai Union, Vadamadurai - 624 802, Dindigul District.
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R.VIJAYAKUMAR,J.
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