Jeyakumar.S v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P(MD)No.14817 of 2022 S.Jeyakumar ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam Ltd) Kumbakonam.

2.The General Manager, Tamilnadu State Transport Corporation (Kumbakonam Ltd), Karur Region, Karur-639003.

3.The Branch Manager, Tamilnadu State Transport Corporation (Kumbakonam Ltd), Musiri Branch, Trichy-621211.

... Respondents 1/5

PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the entire records in connection with the impugned order passed by the first respondent in Tha.Aa.Po.Ka/Kumba/Ma.Va.Me-2/217/2022 dated 26.08.2022 and as that of the order passed in Tha.A.Po.KA/Musiri Branch No.530 dated 27.08.2022 by the third respondent, quash the same as illegal and consequently directing the respondents herein to permit him to discharge the petitioner's duty as Driver in Musiri Branch, Tamilnadu State Transport Corporation (Kumbakonam Limited), Kumbakonam, Karur Region.

For Petitioner : Mr.T.Lajapathi Roy for Mr.D.Anbarasu For Respondents : Mr.K.Jagadees Balan Standing Counsel

O R D E R

By consent of both the parties, this writ petition is taken up for final disposal.

2/5

2. Though the petitioner herein has challenged the order of transfer, transferring the petitioner herein from Musiri Branch to Ariyalur Branch, the learned Counsel for the petitioner submitted that the respondents may consider for retaining the petitioner in the same place or transferring him to any other nearby place.

3. This Court had taken into consideration the fact that the petitioner herein is a driver, who is maintaining two children who are studying and therefore, the request of the learned Counsel for the petitioner seems to be reasonable.

4.Accordingly, the petitioner herein is called upon to report for duty at the transferred place pursuant to the impugned order, dated 26.08.2022. Simultaneously, the petitioner is also granted liberty to make a representation to the first respondent herein, seeking for transfer to an alternate place, which is closer to the present place of his duty and on receipt of such representation, the first respondent herein shall pass appropriate orders on merits and in 3/5

accordance with law, within a period of two weeks from the date of receipt of a copy of such representation.

5. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 30.08.2022 Index : Yes / No Speaking Order/ Non Speaking Order cp 4/5

M.S.RAMESH,J.

cp 30.08.2022 5/5