The High Court of Madras dismissed a writ appeal at the admission stage against a transfer order of daily wagers, holding that granting a stay would amount to giving final relief without notice to the other side. Status quo was maintained.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2014
CORAM
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K.SASIDHARAN
W.A.No.1591 of 2014 and
M.P.No.1 of 2014
1.S.Pattabi 2.S.Geroge 3.M.Ettiyappan 4.R.Murugesan 5.V.Govindan 6.V.Settu 7.G.Chandran 8.A.M.Arumugam 9.P.Murugan 10.M.Kanthan 11.S.Rabindra Rout 12.D.Ramsish Paswan 13.R.Jugay Paswan 14.S.Mithilesh Paswan 15.J.Bharath Paswan 16.B.Sukdev Paswan 17.K.Sudhir Paswan 18.R.Shambhu Paswan 19.L.Ramnihora Paswan 20.J.Sriboth Paswan 21.P.Prasad Kumar Mohanty 22.M.Prafulla Kumar Sethy 23.G.Bhagavan Mohanty 24.A.Banshidhar Mohanty 25.S.Banmbar Sethy 26.Abhakash Sethy 27.N.Raju Biswal 28.G.Budheswar Das 29.K.Pahali Patra 30.Pradeep Kumar Biswal 31.P.Jhari Mallick 32.A.Bishnu Charan Sethy 33.N.Bamadeb Nayak .. Appellants
Vs.
Food Corporation of India,
Food Corporation of India,
No.8, Mayor Sathiyamoorthy Road,
Food Corporation of India,
FSD Sevoor, Vellore District.
District Office,
Food Corporation of India,
Coimbatore,
.. Respondents
This writ appeal is preferred under Clause 15 of Letters Patent against the order dated 17.11.2014 made in W.P.No.29884 of 2014.
Petition filed under Article 226 of the constitution of India praying to a issue a writ of Certiorarified mandamus or any other writ or order or direction in the nature of writ, Calling for the records relevant to the order in DPS ADMN/P&T/DOV/2012 dated 11.11.2014 passed by the 3rd respondent and quash the same as illegal improper unreasonable arbitrary and against the rule of law and natural justice and thereby direct the respondents to continue the petitioners service in the 3rd respondent department.
For Appellants : Mr.M.V.Muralidaran
JUDGMENT
The case of the writ petitioners / appellants herein is that the writ petitioners were working as daily wagers. The employer has transferred the petitioners en mass to some other place. Being aggrieved, the petitioners have preferred the writ petition, questioning the legality and validity of the transfer order. The writ court, while issuing notice, granted status quo as obtained on 17.11.2014.
Sd/-
Assistant Registrar
Dated:18.12.14
True Copy
Sub Assistant Registrar
To
1.The General Manager (Tamil Nadu),
Regional Office,
Food Corporation of India,
No.8,Mayer Sathiyamoorthy Road,
Chetpet, Chennai-600 031.
2.The Deputy General Manager (IR-L),
O/o the General Manager (Tamil Nadu),
Regional Office,
Food Corporation of India,
No.8, Mayor Sathiyamoorthy Road,
Chetpet, Chennai-600 031.
3.The Manager (DPS Admn.),
Food Corporation of India,
FSD Sevoor, Vellore District.
4.The Area Manager,
District Office,
Food Corporation of India,
Coimbatore,
Coimbatore District.
+1 cc to the Government Pleader, Sr.58020
+1 cc to M/s.M.V.Muralidaran,Advocate,SR.57997.
gp(co)
krd 24/12 W.A.No.1591 of 2014
1 issue framed by the court
Whether the writ appeal against a transfer order of daily wagers is maintainable without merit being examined.
S.Pattabi and others
The General Manager (Tamil Nadu), Food Corporation of India and others
Satish K. Agnihotri
K.K. Sasidharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
