Thangavel B v. The Superintending Engineer/Distribution
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P.(MD)Nos.19738 and 19739 of 2021 B.Thangavel ... Petitioner Vs.
1.The Superintending Engineer/ Distribution, Tamil Nadu Electricity Board South, 2.The Executive Engineer, Tamil Nadu Electricity Board(South), 3.The Executive Engineer, Tamil Nadu Electricity Board, Ottanchathiram, Dindigul District.
4.The Assistant Executive Engineer, Tamil Nadu Electricity Board(South), ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records in pursuant to the impugned order passed by the first respondent in Ku.Aa.No.297/109-3/Nibi3/Ni.U.2/Ko.Ni.Ma/2021, dated 14.12.2021 and quash the same and consequently direct the respondents to permit the petitioner to continue as Commercial Inspector in the fourth respondent office/Dindigul, Dindigul Electricity Distribution Circle.
For Petitioner : Mr.K.Siva Senthil Murugan For Respondents : Mr.S.Deenadhayalan Standing Counsel 1/3
ORDER
The Writ Petition has been filed in the nature of Certiorarified Mandamus, seeking interference with the order dated 14.12.2021, by which the petitioner, who is working as Commercial Inspector at Dingidul South has been transferred to Ottanchathiram.
2. I find no merits in the writ petition. The petitioner must join at the new place of post where he has been transferred viz., Ottanchathiram and thereafter, he can give any representation.
3. The learned Counsel for the petitioner submitted that after obtaining necessary permission, the petitioner is studying in Thiagarajar College of Engineering and Techonology at Madurai and that as per Rules, the distance between the place of work and the College must be within 80 km and that Ottanchathiram is about 130km.
4. The petitioner may give necessary representation to the first respondent stating all the difficulties which he would face owing to the transfer to Ottanchathiram and the first respondent is directed to take necessary action on merits and in accordance with due procedure within a period of three weeks from the date of receipt of a copy of such representation. A duty is cast on the petitioner to first join in the transferred place of work, before he forwards any such representation. The petitioner may also be put on notice that after joining the duty, he cannot avail any leave and taking advantage of the leave attend the College.
5. With the above observations, the Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are also dismissed.
Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) SSL TO:
1.The Superintending Engineer/ Distribution, Tamil Nadu Electricity Board South, 2/3
2.The Executive Engineer, Tamil Nadu Electricity Board(South), 3.The Executive Engineer, Tamil Nadu Electricity Board, Ottanchathiram, Dindigul District.
4.The Assistant Executive Engineer, Tamil Nadu Electricity Board(South), +1 CC to M/s.M.SARAVANAKUMAR, Advocate (SR-40554[F] dated 31/12/2021 ) 29.12.2021 SAR(CO) GC(31.01.2022) 3P 6C 3/3