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Madras High CourtWP(MD)/23421/2023dismissed

Joseph .S v. The Secretary To Government

2023-11-01Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.19636 of 2023 S.Joseph ... Petitioner Vs.

1.***** 2.The Managing Director, Head Office, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye Pass Road, Madurai-625 016.

3.The General Manager, Madurai Region, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye Pass Road, Madurai-625 016.

4.The Branch Manager, Moffisil Branch, Madurai Region, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye Pass Road, Madurai-625 016.

... Respondents 1/5

(R-1 is removed vide Court order, dated 26.09.2023 in W.P(MD)No.23421 of 2023) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records from the third respondent in his proceedings in the file in Office Order in Ref: Administration /A4/11O72/2023, dated 13.09.2023 and also the corresponding relief order in File No:Mofussil 815/2023, dated 15.09.2023 made by the fourth respondent and quash them as illegal and null and void and consequently directing the first respondent to review the appointment of third respondent as General Manager, directing the second respondent to give an appropriate order to the fourth respondent to allow the petitioner to work which was the situation before 16.09.2023 along with a suitable compensation for their illegal activities.

For Petitioner : Mr.S.Joseph (Party in Person) For R-2 to R-4 : Mr.S.C.Herold Singh Standing Counsel

ORDER

The present writ petition has been filed by a Driver of the respondent Transport Corporation challenging an order of transfer. 2/5

2. A perusal of the impugned order, dated 13.09.2023 indicates that the petitioner has been transferred from the Madurai Mofussil Branch to Thirupuvanam Branch on administrative grounds. The learned Standing Counsel appearing for the respondent Corporation submits that the petitioner is working in the Madurai Mofussil Branch from 15.04.1999 for the past 24 years and only on administrative grounds, he has been transferred to Thirupuvanam Branch.

3. A perusal of the writ affidavit does not disclose any grounds to interfere in the order of transfer. The petitioner has only relied upon Section 25 (G) of the Industrial Disputes Act, 1947 which is not applicable to the facts of the present case.

4. In view of the above said facts, I do not find any merits in the present writ petition. This writ petition stands dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed. 01.11.2023 3/5

NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Managing Director, Head Office, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye Pass Road, Madurai-625 016.

2.The General Manager, Madurai Region, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye Pass Road, Madurai-625 016.

3.The Branch Manager, Moffisil Branch, Madurai Region, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye Pass Road, Madurai-625 016.

4/5

R.VIJAYAKUMAR, J.

BTR 01.11.2023 5/5