S.Sankaralingam v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P(MD) No.20544 of 2019 S.Sankaralingam ... Petitioner -vs1.The Managing Director, The Tamil Nadu State Marketing Corporation Limited, Head Office, 4th Floor, CMDA, Tower - 2, Egmore, Chennai - 600 008.
2. The Senior Zonal Manager, The Tamil Nadu State Marketing Corporation Limited, Madurai Zone, Madurai.
3. The District Manager, The Tamil Nadu State Marketing Corporation Limited, Madurai South, Madurai District.
... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified, to call for the records of the 3rd respondent in his proceedings in Na.Ka.No.40/2016/A dated 04.11.2019 and quash the same as illegal, arbitrary, violation of law.
For Petitioner : Mr.M.Jothibasu For Respondents : Mr.H.Arumugam ******
O R D E R
The impugned order of transfer dated 04.11.2019 reveals that the petitioner, who is a salesman in TASMAC, was transferred from Shop No.5127 to Office of the District Manager, Madurai South. The transfer is effected within Madurai City. Therefore, the transfer would not affect the normal life of the petitioner. 1/3
2.Transfer is an incidental to service more so a condition of service. The petitioner has been transferred on administrative ground. Administrative transfers are issued by the competent authority for effecting the public administration and the authority in this regard need not be interfered with by the High Court unnecessarily. The High Court cannot interfere with the day-to-day administration as the administrative transfers are required for the purpose of effective and efficient public administration. The writ against the transfer needs to be entertained only if the order is tainted with mala-fide or passed by an incompetent authority, but not otherwise. Therefore, the writ petition is devoid of merits and the same is liable to be dismissed.
3.With the above observations, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) cp To 1.The Managing Director, The Tamil Nadu State Marketing Corporation Limited, Head Office, 4th Floor, CMDA, Tower - 2, Egmore, Chennai - 600 008.
2. The Senior Zonal Manager, The Tamil Nadu State Marketing Corporation Limited, Madurai Zone, Madurai.
3. The District Manager, The Tamil Nadu State Marketing Corporation Limited, Madurai South, Madurai District.
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+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-13634[F] dated 22/03/2022 ) and W.M.P(MD) No.20544 of 2019 21.03.2022 MA(CO) KP(04.04.2022) 3P 5C 3/3