N.G.Marimuthu v. The Principal Secretary/
Case brief
What is this about?
This is a speaking order in a writ petition challenging a transfer of a government servant. The court held that since the petitioner's grievance was redressed by a subsequent posting during the petition's pendency, no further adjudication was required, and the writ petition was closed.
What did the court decide?
The writ petition stands closed with no order as to costs; connected miscellaneous petitions are also closed.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2017
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WRIT PETITION No.11513 of 2017
and
W.M.P.Nos.12500 & 17376 of 2017
N.G.Marimuthu .. Petitioner
Vs.
1. The Principal Secretary/
Transport Commissioner,
Chepauk, Chennai – 5.
2. The Regional Transport Officer,
Redhills,
Tiruvallur District. ... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order of the first respondent herein passed in his Procgs.No.20670/R3/2016 (E.O.No.261/2017) dated 27.04.2017 transferring the petitioner from the category of Assistant, Pethikuppam Check Post to work as Accountant, Regional Transport Office, Kanchipuram and quash the same and consequently direct the respondents herein to allow the petitioner to continue as Assistant, Pethikuppam Check Post by accepting the request for temporary
2
relinquishment for promotion as per section 57 (2) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016.
Issues for consideration
2 issues framed by the court
Whether the writ petition challenging the transfer order requires adjudication when the grievance has been redressed by a subsequent posting?
Whether the petitioner should be allowed to continue in the post of Assistant based on the temporary relinquishment request?
Parties & counsel
- petitioner
N.G.Marimuthu
- respondent
The Principal Secretary/ Transport Commissioner
- respondent
The Regional Transport Officer
Coram
Case details
As recorded by the court registry
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