K.Sivasankaran, v. The Management Of Tamilnadu

W.P.(MD) No.21548 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.21548 of 2018 and W.M.P.(MD).Nos.19439 & 19440 of 2018 K.Sivasankaran

...Petitioner

Vs.

1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region, Rep. by it's Managing Director, Kumbakonam.

2.The Branch Manager, Thiruthuraipoondi Branch of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Thiruthuraipoondi.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records from the respondents relating to the impugned order of the 1st respondent dated 06.10.2018 passed in Ref:Ku.Aa.No.423/Papi.E4/TNSTC (K) Nagai/10-03/2018, transferring the petitioner from 2nd respondent Thiruthuraipoondi branch to Thiruvaiyaru Branch of the 1st respondent Corporation and the relieving order of the 2nd respondent dated 08.10.2018 passed in Reference: TNSTC/Branch Thiruthuraipoondi No.334, quash the same and consequently, direct the respondents to continue to employ him at the 2nd respondent branch, till policy of transfer for disabled employees of the 1st respondent corporation is framed under Section 20(5) of the Rights of Persons with Disabilities Act, 2016 and to treat the period from the date of the impugned reliving order of the 2nd respondent to the date of permitting him to join duty as his working days for all purposes and to pay him all benefits including wages.

For Petitioner : Mr.S.Arunachalam For Respondents : Mr.D.Sivaraman

O R D E R

The learned Standing counsel appearing for the respondents/Corporation produced a copy of the proceedings dated 02.11.2018, whereby, the impugned transfer order dated 01.09.2018, transferring the petitioner from Thiruthuraipoondi Branch to Thiruvaiyaru Branch, has been cancelled. In view of the same, the prayer sought for in the present writ petition has become infructuous.

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W.P.(MD) No.21548 of 2018 2.Nevertheless, if the respondents are of the view that the petitioner requires to be transferred in future, on administrative grounds, it would always be opened to them to do so. 3.Accordingly, this writ petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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.

+1 CC to M/s.D.SIVARAMAN, Advocate ( SR-2917[F] dated 02/02/2021 ) W.P.(MD) No.21548 of 2018 01.02.2021 NA(CO) KB(15.02.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2