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Madras High CourtWP(MD)/4803/2016dismissed

R.Balamurugan, v. The Engineer In Chief (Wro),

2022-07-26Honourable Mr Justice G. Chandrasekharan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN and W.M.P(MD) No.4310 of 2016 R.Balamurugan ... Petitioner Vs.

1.The Engineer in Chief, (WRO) -Cum-Chief Engineer (General), Public Works Department, Chepauk, Chennai - 600 005.

2.The Chief Engineer (Buildings), Public Works Department, Madurai Division, Madurai.

3.V.Muthuraja, Superintendent, Buildings (Construction and Maintenance) Sub Division, Medical Works, Collectorate, Ramanathapuram.

... Respondents 1/6

PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari to call for records of the impugned order of the first respondent made in his proceedings No.S3(1)/20100/2016, dated 26.02.2016 and quash the same. For Petitioner : Mr.D.Srinivasaragavan For Respondents : Mr.D.Gandhiraj - for R1 & R2 Special Government Pleader No Appearance - for R3

O R D E R

This writ petition has been filed for a Writ of Certiorari to call for records of the impugned order of the first respondent made in his proceedings No.S3(1)/20100/2016, dated 26.02.2016 and quash the same.

2. The learned counsel for the petitioner submitted that the petitioner was working as Superintendent, Buildings (Construction and Maintenance) Sub Division, Ramanathapuram. He joined in the present 2/6

place as Superintendent on 14.03.2014. The third respondent was working as Superintendent, Buildings (Construction and Maintenance) Sub Division ( Medical Works) Ramanathapuram and he joined in the said post just one and half years back. The post is sensitive post. The third respondent, who wanted to move to his place, is a relative of the first respondent. The first respondent is a relative of the second respondent. Therefore, the petitioner is transferred to the place of the third respondent and third respondent was transferred to the petitioner's place. Challenging the said transfer order, this writ petition is filed.

3. The learned Special Government Pleader appearing for the respondents 1 and 2 submitted that the petitioner was transferred on administrative reasons within Ramanathapuram Town in the same post. It is also submitted by the learned Special Government Pleader that the petitioner is now working at Chennai.

4. Considered the rival submissions and perused the materials available on record.

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5. It is seen from the impugned order that the petitioner was transferred on administrative grounds, within Ramanathapuram Town. The petitioner was earlier working in Construction and Maintenance, Sub Division, Ramanathapuram and was transferred to Construction and Maintenance Sub Division (Medical works) Ramanathapuram, which was held by the third respondent. The third respondent, in turn, was transferred to the petitioner's place. His claim in the affidavit that the post that the petitioner was holding a sensitive post. This Court is not able to understand what is meant by sensitive post. Every post is sensitive post, so far as the Government service is concerned. When the petitioner was transferred on administrative grounds within Ramanathapuram Town, this Court finds no reason to interfere with the said order and moreover, it is informed that the petitioner is now working at Chennai. This writ petition was filed in the year 2016. Now, we are in 2022. Therefore, this Court is of the view that nothing survives to be adjudicated further in this writ petition.

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6. In view of the above, this writ petition is dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petition is closed.

26.07.2022 Internet: Yes Index :Yes/No rm To 1.The Engineer in Chief, (WRO) -Cum-Chief Engineer (General), Public Works Department, Chepauk, Chennai - 600 005.

2.The Chief Engineer (Buildings), Public Works Department, Madurai Division, Madurai.ional Officer Trichy District.

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G.CHANDRASEKHARAN, J.

rm 26.07.2022 6/6