Madras High CourtWP(MD)/17247/2014dismissed as infructuous

S.Kannan v. The General Manager

2021-12-09Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2021

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)Nos.17247,17248 and 17355 to 17367 of 2014 and W.M.P.(MD)Nos.15053 to 15067 of 2017 and M.P.(MD)Nos.1 and 2 of 2014 1.S.Kannan ... Petitioner in WP(MD)No. 17247/ 2014 2.S.Selva Sahaya Thomas ... Petitioner in WP(MD)No. 17248/ 2014 3.M.N.Jeyaraman ... Petitioner in WP(MD)No. 17355/ 2014 4.G.Govindaraj ... Petitioner in WP(MD)No. 17356/ 2014 5.M.Ondiveeran ... Petitioner in WP(MD)No. 17357/ 2014 6.R.Sivan Arul Sankar ... Petitioner in WP(MD)No. 17358/ 2014 7.E.Perumal ... Petitioner in WP(MD)No. 17359/ 2014 8.S.Parthasarathy ... Petitioner in WP(MD)No. 17360/ 2014 9.K.Venkatesan ... Petitioner in WP(MD)No. 17361/ 2014 10.L.Murugesan ... Petitioner in WP(MD)No. 17362/ 2014 11.V.Arumugam ... Petitioner in WP(MD)No. 17363/ 2014 12.R.Arumugam ... Petitioner in WP(MD)No. 17364/ 2014 13.M.Sivakumar ... Petitioner in WP(MD)No. 17365/ 2014 14.K.Ramasamy ... Petitioner in WP(MD)No. 17366/ 2014 15.S.Udayakumar ... Petitioner in WP(MD)No. 17367/ 2014 vs.

1. The General Manager (TN) Region, Food Corporation of India, Regional Officer, Dr.Sathyamoorthy Road, Chennai - 6.

2. The Area Manager, Food Corporation of India, District Office, Palayamkottai Road, Tuticorin - 8.

3. The Area Manager, Food Corporation of India, District Office, TATABAD, Coimbatore.

... Respondents (In All Petitions) 1/3

COMMON PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 18.10.2014 in No.S&C/32(6)/DPS/P&T/2011-12, passed by the second respondent to quash the same and consequently direct the respondents not to transfer the petitioner from Tuticorin to Coimbatore Depot, allow and allocate work at Tuticorin Depot. For Petitioner : Mr.A.Prasanna Rajdurai For Mr.Na.Palaniyandi (in all WPs) For Respondents : Mr.M.Kumar(in all WPs) COMMON ORDER This writ petition is filed against the transfer order, dated 18.10.2014 and the consequential prayer to direct the respondents not to transfer the petitioner.

2. When the matter was taken up for hearing, the respondents have circulated a letter, dated 03.12.2021 and the relevant portion of the letter is extracted hereunder: "With reference to the above letter, the decision of this Office is hereby conveyed that the subject case may be closed in the Madurai Bench of Honourable High Court of Madras since the transfer of DPS Als are not required to be posted at FSD Peelamedu as the Depot at FSD Peelamedu has been switched over to engage the Contract Labour system. Further as per FCI H.Qrs.. guidelines, DPS system of workers cannot be mingled or work along with the contract system of workers in the same depot. Accordingly, you may putforth the case through an empanelled Advocate to the Honourable High Court of Madras-Madurai Bench for closure of the case."

3. The above letter states that the transfer of DPS Als are not required to be posted at FSD Peelamedu as the Depot at FSD Peelamedu has been switched over to engage the Contract Labour system. Therefore, nothing survives in these writ petitions. 2/3

4. Hence, all the writ petitions are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) jbr Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned To

1. The General Manager (TN) Region, Food Corporation of India, Regional Officer, Dr.Sathyamoorthy Road, Chennai - 6.

2. The Area Manager, Food Corporation of India, District Office, Palayamkottai Road, Tuticorin - 8.

3. The Area Manager, Food Corporation of India, District Office, TATABAD, Coimbatore.

+1 CC to M/s.M.KUMAR, Advocate ( SR-37876[F] dated 09/12/2021 ) W.P.(MD)Nos.17247,17248 and 17355 to 17367 of 2014 09.12.2021 SJ(CO) SB(10.01.2022) 3P 5C 3/3