Selvam.K v. Tamil Nadu State Transport Corporation (Madurai) Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.25440 of 2022 and W.M.P(MD)Nos.19536 & 21575 of 2022 K.Selvam ... Petitioner Vs.

1.Tamil Nadu State Transport Corporation(Madurai)Limited, Represented by its Managing Director, Bypass Road, Madurai - 16.

2.The General Manager, Tamil Nadu State Transport Corporation(Madurai)Limited, Virudhunagar Region, Virudhunagar, Bypass Road, Madurai - 16.

3.The Branch Manager, Rajapalayam I Branch, Tamil Nadu State Transport Corporation(Madurai)Limited, Rajapalayam.

4.Mr.Sivalingam, The General Manager, Tamil Nadu State Transport Corporation(Madurai)Limited, Virudhunagar Region, Virudhunagar, Bypass Road, Madurai - 16.

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5.Mr.Mariappan, The Branch Manager, Tamil Nadu State Transport Corporation(Madurai)Limited, Rajapalayam I Branch, Rajapalayam.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorari, calling for the records pertaining to the impugned order of 2nd respondent passed in Ref.No.TNSTC/VIRUDHU/NIR/ A2 /212 /2022 dated 21.10.2022 and consequential relieving order of the 3rd respondent in Ref.No.RJPM1/ ESTT/563/22 dated 29.10.2022 quash the same. For Petitioner :

Mr.A.Rahul For Respondent :

Mr.K.Ramaiah Standing Counsel for R1 to R3 No appearance for R5 * * * * *

ORDER

The instant writ petition has been filed by a Driver of the respondent transport corporation, challenging his order of transfer from Rajapalayam I branch to Watrap.

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2.According to the learned Counsel appearing the writ petitioner, he has raised a dispute with regard to the fact that the driver have been compelled to work over time and approached the authorities legally enforced and further pointed out that the charge memo was issued and he was placed under suspension. Within a period of 2 days, the suspension order has been revoked and he has been transferred and therefore, according to the learned Counsel appearing for the petitioner, the present order of transfer is only a victimisation, because of the fact the he has raised some dispute as against the respondent Management.

3.Per contra, the learned Counsel appearing for the respondent transport corporation submits that the petitioner is working at Rajapalayam I branch from the year 2017 onwards and therefore, the administrative exigencies, he has been transferred to Watrap, which is 30 km away from Rajapalayam. 4.Considering the facts that the petitioner is working at Rajapalayam for the past 7 years and the order impugned in the writ petition does not disclose any imputation of charges as against the writ petitioner and it discloses only 3/5

administrative exigencies, this Court is not inclined to interfere in the order of transfer. However, it is open to the writ petitioner to approach the authorities concerned seeking to re-transfer to Rajapalayam I branch, in case, if any representation is given, the same may be considered by the authorities concerned.

5.With the above said observations, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are also closed. 04.09.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 4/5

R.VIJAYAKUMAR , J.

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