Madras High CourtWP(MD)/19372/2025disposed of

R.Gurusamy v. The Chairman Cum Managing Director

2025-07-17Honourable Mr.Justice Vivek Kumar Singh8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)Nos.14894 and 14896 of 2025 R.Gurusamy ... Petitioner -vs1.The Chairman cum Managing Director, 10th Floor, NPKRR Malligai, TANGEDCO, Anna Salai, Chennai - 02.

2.The Chief Engineer Personnel, 8th Floor, NPKRR Malligai Tamil Nadu Power Distribution Corporation Limited (TNPDCL), (Erstwhile TANGEDCO) Anna Salai, Chennai - 02.

3.The Chief Engineer Distribution, O/o. the Chief Engineer Distribution Tamil Nadu Power Distribution Corporation Limited (TNPDCL), (Erstwhile TANGEDCO), K.Pudur, Madurai - 07.

4.The Superintending Engineer, (MEDC/Metro), Tamil Nadu Power Distribution Corporation Limited (TNPDCL), (Erstwhile TANGEDCO), K.Pudur, Madurai - 07.

5.The Superintending Engineer, Tamil Nadu Power Distribution Corporation Limited (TNPDCL), (Erstwhile TANGEDCO), Sivagangai District.

6.The Assistant Executive Engineer, O/o. the Assistant Executive Engineer, Tamil Nadu Power Distribution Corporation Limited (TNPDCL), (Erstwhile TANGEDCO), Subramaniyapuram Sub Division, Metro Madurai, Madurai - 01.

7.G.Senthil Kumar, Assistant Engineer, Tamil Nadu Power Distribution Corporation Limited (TNPDCL), (Erstwhile TANGEDCO) Thirupuvanam East, Sivaganagai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned order in Memo No.1000006136/033089/G.11/G.112/2025-1 dated 25.06.2025 on the

file of the second respondent and to quash the same as illegal insofar as the petitioner is concerned.

For Petitioner : Mr.G.Karthik for M/s.Roy and Roy Associates For R1 to R6 : Mr.B.Ramanathan Standing Counsel

ORDER

This Writ Petition has been filed seeking to quash the impugned order of the second respondent, dated 25.06.2025, insofar as the petitioner is concerned.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. Since no adverse orders are going to be passed against the seventh respondent, notice to the seventh respondent is hereby dispensed with.

4. The learned counsel for the petitioner submits that the petitioner is presently serving as a ' Junior Engineer Grade - I' under the respondent electricity corporation and has maintained an unblemished service record throughout his

tenure. The petitioner challenges the impugned transfer order dated 25.06.2025, issued by the second respondent, as being arbitrary, illegal and mala fide in nature. The said transfer does not serve any bona fide administrative purpose and has been made ignoring the petitioner's pending transfer requests submitted in 2020 and 2023, thereby, denying him fair consideration.

5. It is further submitted that the impugned transfer appears to be orchestrated solely to accommodate the seventh respondent, which clearly reflects a colourable exercise of power and is in violation of Article 14 of the Constitution of India. Moreover, the petitioner is the sole caregiver of his minor son, who is diagnosed with 50% intellectual disability, a fact which was duly brought to the notice of the authorities. However, this crucial aspect was not considered while issuing the transfer order, which is in gross violation of G.O.(Ms)No.107, dated 03.09.2020, issued by the Personnel and Administrative Reforms (S) Department, specifically granting exemption from transfers to caregivers of persons with disabilities.

6. The learned counsel further submits that the impugned order is not only contrary to the Government's own policy but also violative of the settled legal

position laid down by the Hon'ble Supreme Court in Somesh Tiwari vs. Union of India [(2009) 2 SCC 592], wherein it was held that transfer orders passed for extraneous reasons or ignoring relevant considerations are liable to be interfered with. Therefore, the impugned order deserves to be quashed insofar as the petitioner is concerned and the petitioner may be allowed to continue in his present station in accordance with law.

7. The learned counsel for the petitioner further submits that although several grounds have been raised in the writ petition challenging the impugned transfer order, it would suffice if this Court directs the second respondent to consider the petitioner's representation dated 26.06.2025 and pass appropriate orders thereon within a time frame to be fixed by this Court, taking into account the fact that the petitioner is the sole caregiver of his minor son, who has been diagnosed with 50% intellectual disability. It is further prayed that, till such time, the status quo as on date may be directed to be maintained.

8. Heard the learned counsel appearing for the parties.

9. Considering the limited relief sought by the learned counsel for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the second respondent to consider the petitioner's representation dated 26.06.2025, on its own merits and in accordance with law and to pass appropriate orders thereon, after affording due opportunity to both the petitioner and the seventh respondent, within a period of four weeks from today. In the interregnum, the official respondents are directed to maintain the status quo as prevailing on the date of this order.

10. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. NCC : Yes / No 17.07.2025 Index : Yes / No smn2 To:- 1.The Chairman cum Managing Director, 10th Floor, NPKRR Malligai, TANGEDCO, Anna Salai, Chennai - 02.

2.The Chief Engineer Personnel, 8th Floor, NPKRR Malligai Tamil Nadu Power Distribution Corporation Limited (TNPDCL), (Erstwhile TANGEDCO) Anna Salai, Chennai - 02.

3.The Chief Engineer Distribution, O/o. the Chief Engineer Distribution Tamil Nadu Power Distribution Corporation Limited (TNPDCL), (Erstwhile TANGEDCO), K.Pudur, Madurai - 07.

4.The Superintending Engineer, (MEDC/Metro), Tamil Nadu Power Distribution Corporation Limited (TNPDCL), (Erstwhile TANGEDCO), K.Pudur, Madurai - 07.

5.The Superintending Engineer, Tamil Nadu Power Distribution Corporation Limited (TNPDCL), (Erstwhile TANGEDCO), Sivagangai District.

VIVEK KUMAR SINGH , J.

smn2 17.07.2025