D.Nalladurai Charles v. The Chief Engineer(Personal)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and W.M.P(MD).No.18465 of 2019 D.Nalladurai Charles ... Petitioner -VsThe Chief Engineer (Personal) TANGEDCO 144, Anna Salai Chennai 600 002

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to transfer the petitioner to the vacancy in the post of Assistant Executive Engineer (Electrical) in Tirunelveli Town, TANGEDCO in consideration of the petitioner's online application, dated 15.07.2019.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondent : Mr.Kasinathadurai

ORDER

The writ petition has been filed for a direction to the respondent to transfer the petitioner to the vacancy in the post of Assistant Executive Engineer (Electrical) in Tirunelveli Town, TANGEDCO in consideration of the petitioner's online application, dated 15.07.2019.

2. The petitioner is working as an Assistant Executive Engineer (Electrical) in Udankudi Thermal Power Project. The respondent Corporation in order to bring transparency in the matter of transfer of officials from one place to another place, has introduced a system of online application for requesting to transfer to a convenient place on condition that the person seeking transfer in the said system has to work one year in that place and the said request would be valid for six months. According to the petitioner, his mother is aged 82 years, his wife is working as a Teacher and his sons are far away due to their work and study. In view of the same, the petitioner registered on-line request for transfer to Tirunelveli. The on-line application was opened from 01.07.2019 to 15.07.2019. Prior to 01.07.2019, there are several vacancies in Tirunelveli. On 01.07.2019, there are eight vacancies. Along with petitioner's application only four applications were registered for transfer to Tirunelveli. The respondent has not considered the on1/3

line applications submitted by the petitioner and others. On the other hand, the number of other persons, who have not registered through on-line are transferred to Tirunelveli. Even now, there are two vacancies available in Tirunelveli. In this circumstance, the petitioner has come up with the present Writ petition. 3.Mr.Kasinathadurai, learned counsel appearing for the respondent submitted that at present, there are several vacancies in Tirunelveli Electricity Distribution Circle. Due to by-election, the application of the petitioner and others are not considered. He further submitted that within a period of two weeks, the petitioner's request will be considered and posted in Tirunelveli or Palayamkottai or nearby place.

4.Heard Mr.G.Prabhu Rajadurai, learned counsel appearing for the petitioner and Mr.Kasinathadurai learned counsel appearing for the respondent.

5.The learned counsel for the petitioner contended that at the time of submitting the on-line application for transfer to Tirunelveli, there were eight vacancies and four persons only sought for transfer. Without considering the request of the petitioner, the respondent has made number of transfers. The respondent having made this method to apply through on-line for transfer, ought to have implemented the system. The petitioner has given reason for seeking transfer to Tirunelveli. In view of the above facts and recording the submission of the learned counsel for the respondent that the petitioner's request will be considered within a period of two weeks, the respondent is directed to consider the application of the petitioner and pass orders within a period of two weeks from the date of receipt of a copy of this order.

6.With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (w) // True Copy // Sub Assistant Registrar(CS) msa 2/3

To The Chief Engineer, TANGEDCO, 144,Anna Salai, Chennai 2.

+1 cc Mr.G.KASINATHADURAI ,Advocate, SR.No. 95091 +1 cc Mr.G.PRABHU RAJADURAI ,Advocate, SR.No. 95419 and W.M.P(MD).No.18465 of 2019 31.10.2019 KK/SAR/04.11.2019/3P-4C/ 3/3