S.Selvam Dr-55814 v. The Transport Secretary
W.P(MD)No.21481/2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.21481 of 2019 S.Selvam ... Petitioner Vs.
1.The Transport Secretary, Tamil Nadu State Transport Corporation, Secretrate, St. George Fort, Chennai.
2.The Managing Director of Administrative, Chennai Transport Corporation, Head Office, Pallavan Illam, Chennai.
3.The General Manager, Tamil Nadu State Transport Corporation, Virudhunagar Region, Virudhunagar District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to transfer the petitioner duty from the second respondent to third respondent in forthwith with continuity of service, pay protection and with all attendant benefits within the time frame that may be stipulated by this Hon'ble Court based on the representation dated 24.06.2018 and 05.07.2019.
For Petitioner : Mr.S.Sivaprakash For R1 : Mr.V.Anand, Government Advocate For R2 & R3 : Mr.J.Senthil Kumaraiah
ORDER
This writ petition is filed for a direction to the respondents to transfer the petitioner from the second respondent to third respondent forth with, with continuity of service, pay protection with all attendant benefits, within a time frame that may be fixed by this Court, by considering his representations dated 24.06.2018 and 05.07.2019.
2.Mr.V.Anand, learned Government Advocate takes notice for the first respondent and Mr.J.Senthil Kumaraiah, learned counsel takes notice for the respondents 2 & 3. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.21481/2019 admission itself.
3.The learned counsel appearing for the petitioner submitted that the petitioner is working as a Driver in the second respondent Corporation for more than 10 years and due to his health condition, he has given a representation to the second respondent requesting to transfer from the second respondent to third respondent. The second respondent has not passed any orders on the representations, sofar and hence, the petitioner has come out with the present writ petition.
4. Though various averments have been made in the writ petition, after elaborate arguments, the learned counsel appearing for the petitioner submitted that petitioner will be satisfied if a direction is issued to the second respondent to consider the representations of the petitioner, dated 24.06.2018 and 05.07.2019.
5. Considering the submission of the learned counsel for the petitioner, without deciding the issue on merits in the writ petition, the second respondent is directed to consider the representations of the petitioner, dated 24.06.2018 and 05.07.2019 and pass orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.
6.With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar(CS) am To The Transport Secretary, Tamil Nadu State Transport Corporation, Secretrate, St. George Fort, Chennai.
+1CC TO MR.S.SIVAPRAKASH, Advocate Sr. No.92117 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 92135 W.P.(MD)No.21481 of 2019 15.10.2019 PK(CO) TR(23.10.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2