Madras High CourtWP(MD)/20386/2024dismissed

Ayyappan S v. The Managing Director

2024-08-28Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.20386 of 2024 and W.M.P(MD)No.17289 of 2024 S.Ayyappan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli - 627 011.

2.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Ranithottam, Nagercoil, Kanyakumari District.

3.The Branch Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited Kanyakumari Branch, Kanyakumari District.

...Respondents

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in No.4078/A1/TNSTC(TNV)/NGL/2009, dated 19.08.2024, passed by the 2nd respondent and quash the same as illegal and consequently direct the 2nd respondent to permit the petitioner to continue his 1/4

service as Spl.Non-ITI Helper in the work shop of the 2nd respondent Office. For Petitioner : Mr.V.Karuna For Respondents : Mr.K.Ramaiah Standing Counsel * * * * *

ORDER

The instant writ petition has been filed by a Special Non-ITI helper working in the respondent transport corporation, challenging the order of transfer from Ranithottam Workshop in Nagercoil to Kanyakumari Branch. 2.According to the learned Counsel appearing for the writ petitioner, the petitioner was originally appointed as a Driver and due to Medical invalidation, he was granted an alternative employment as Special Non-ITI Helper. Therefore, according to the petitioner, the order of transfer would cause great prejudice. He further contended that last year, a similar order passed was recalled by the authorities, the present order of transfer may be interfere with. 3.A perusal of the impugned order of transfer reveals that it is based on administrative exigencies. That apart, the medical grounds can be relied upon only for the purposes of providing an alternative employment and the said 2/4

medical reason cannot be used forever to avoid transfer from one place to another place within the same district.

4.Therefore, this Court finds no merits in the writ petition. Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also closed.

28.08.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/4

R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.20386 of 2024 and W.M.P(MD)No.17289 of 2024 28.08.2024 4/4