Devika B v. The Industries Commissioner And Director Of Industries And Commerce

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)Nos.15009 and 15011 of 2025 B.Devika ... Petitioner -vs1.The Industries Commissioner and Director of Industries and Commerce, Director of Industries and Commerce, Guindy, Chennai.

2.The General Manager, District Industries Centre, Madurai District.

Madurai.

3.The General Manager, District Industries Centre, Virudhunagar District, Virudhunagar.

4.S.Jeevika, Steno - Typist Grade - III, District Industries Centre, Madurai District, Madurai.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to an impugned transfer order passed by the first respondent vide his proceedings in Proc.No. 14788/EB2/2021 dated 11.07.2025 and quash the same as illegal, arbitrary, non - application of mind and violation of principles of natural justice. For Petitioner : Mr.K.Sangilimurugan For R1 to R3 : Mr.S.R.A.Ramachandran Additional Government Pleader

ORDER

This Writ Petition has been filed seeking to quash the impugned transfer order passed by the first respondent vide his proceedings in Proc.No. 14788/EB2/2021 dated 11.07.2025, as illegal, arbitrary, issued without proper application of mind and in violation of the principles of natural justice

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 fourth respondent, notice to the fourth respondent is hereby dispensed with.

4. The learned counsel for the petitioner would submit that the petitioner was selected through the Tamil Nadu Public Service Commission and appointed as a Steno-Typist Grade-III in the Tirunelveli District Industries Centre and subsequently transferred to the office of the third respondent at Virudhunagar, where she has been discharging her duties diligently and to the satisfaction of all concerned. While verifying official communications in the course of her duties, the petitioner came to know of an impugned transfer order passed by the first respondent on 11.07.2025, transferring her from the third respondent's office back to the second respondent's office at Sivagangai. It is contended that the said transfer was made unilaterally and arbitrarily, without any notice, consent or opportunity of hearing being given to the petitioner.

5. The learned counsel further submits that the said transfer appears to have been made merely to accommodate a request by the fourth respondent for a mutual transfer, despite the fact that the fourth respondent is junior to the

petitioner and had joined service only in 2023. The petitioner had been transferred to the present station on 09.08.2024 upon a valid representation dated 09.05.2024, pursuant to which, she shifted her residence and made necessary arrangements for her children's education at Virudhunagar. The impugned transfer now causes great hardship to the petitioner, requiring her to travel 130 kilometers daily, which is not feasible due to her health condition.

6. It is also submitted that the transfer order has not yet been served on the petitioner individually and was accessed by her only through official email communications. Therefore, the impugned transfer order, passed without application of mind, without observing principles of natural justice and in a manner that unfairly prioritizes the interests of a junior employee, is liable to be set aside.

7. The learned Additional Government Pleader appearing for the respondents 1 to 3 submits that if the petitioner submits a representation, detailing all her grievances, to the first respondent, the same will be considered in accordance with law, within a time frame to be fixed by this Court.

8. Recording the above submissions, this Writ Petition is disposed of, with a direction to the petitioner to submit a fresh representation outlining all her grievances to the first respondent, within a period of one week from the date of receipt of a copy of this order. Upon receipt of such representation, the first respondent shall consider it on merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, the fourth respondent as well as all other persons, who may be interested in the subject matter, within three weeks thereafter. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. NCC : Yes / No 18.07.2025 Index : Yes / No smn2 To:- 1.The Industries Commissioner and Director of Industries and Commerce, Director of Industries and Commerce, Guindy, Chennai.

2.The General Manager, District Industries Centre, Madurai District.

Madurai.

3.The General Manager, District Industries Centre, Virudhunagar District, Virudhunagar.

VIVEK KUMAR SINGH , J.

smn2 18.07.2025