Disposed

T.Veerasami, S/o.Thozhan v. The Director,Rural Development

Madras HC13 Nov 2018WP/23471/2018

Case brief

AI extract

What is this about?

Petitioner sought a writ of mandamus for transfer as a Record Clerk. Court directed petitioner to apply for transfer by mutual consent. Upon filing, authorities must process recommendation within specific timelines before final decision.

What did the court decide?

Petitioner directed to apply for transfer by mutual consent; authorities must follow specific statutory timelines for processing and recommending the transfer.

T.Veerasami, S/o.Thozhan Vs The… — Pension and Retirement Benefits | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.11.2018

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CORAM:

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THE HON’BLE DR.JUSTICE S.VIMALA

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W.P.No.23471 of 2018

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and W.M.P.No.27389 of 2018

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T.Veerasami ... Petitioner Vs.

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The Director Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai – 600 015.

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The District Collector, Dharmapuri District, Dharmapuri. 3. The District Collector, Salem District, Salem.

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The Special Officer cum Assistant Director (Audit)

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Dharmapuri District, Dharmapuri.

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The Commissioner, Kadayampatti Panchayat Union, Kadayampatti, Salem District.

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The Commissioner, Kaarimangalam Panchayat Union, Kaarimangalam, Dharmapuri District. .. Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, to direct the respondents 1, 2, 4, and 6 to issue an order of transfer to the petitioner to the office of 6^th respondent as Record Clerk 8based on the recommendation of 1^st respondent dated 25.04.2018 in Na.Ka.No.25358/2018/E2 and a reminder dated 30.05.2018 forthwith.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr.C.Prabakaran

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For Respondents : Mr.A.N.Thambidurai, Special Govt. Pleader for R1 to R4

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Mrs.K.Bhuvaneswari Government Advocate for R5 and R6

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O R D E R

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This writ petition has been filed seeking issuance of writ of mandamus, directing the respondents 1, 2, 4, and 6 to issue an order of transfer to the petitioner to the office of 6^th respondent as Record Clerk based on the recommendation of 1^st respondent dated 25.04.2018.

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A counter affidavit has been filed on behalf of the third and fifth respondents stating that there is no vacancy in the post of Record Clerk in the 6^th respondent Office and therefore, the request of the petitioner has been rejected.

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The learned counsel appearing for the petitioner submitted that the petitioner would prefer a petition seeking transfer by mutual consent and in the event of such request being filed, the respondents may consider the same and pass orders.

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The learned Special Government Pleader appearing for the respondents 1 to 4 submitted that in respect of application seeking transfer by mutual consent, the 3^rd respondent has to process and send a recommendation to the first respondent and only thereafter, the first respondent can pass orders on the request made.

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In view of the above, the petitioner shall submit an application seeking transfer by mutual consent to the 3^rd respondent, within a period of one week from the date of receipt of a copy of this order. On receipt of such application from the petitioner, the 3^rd respondent shall commence the process and send the recommendation to the first respondent, within a period of two weeks thereafter. On receipt of such recommendation, the first respondent shall pass orders on merits and in accordance with law, within a period of four weeks thereafter.

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https://hcservices.ecourts.gov.in/hcservices/

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With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ogy

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To
1. The Director
Rural Development and Panchayat
Raj Department,
Panagal Building,
Saidapet, Chennai – 600 015.
2. The District Collector,
Dharmapuri District,
Dharmapuri.
3. The District Collector,
Salem District,
Salem.
4. The Special Officer cum
Assistant Director (Audit)
Dharmapuri District,
Dharmapuri.
+1 cc to Mr.C.Prakasam, Advocate, SR No.77725
+1 cc to the Government Pleader, Advocate, SR No.77682
W.P.No.23471 of 2018
sr(co)
ssm(28/12/18)

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https://hcservices.ecourts.gov.in/hcservices/

T.Veerasami, S/o.Thozhan v. The Director,Rural Development

Case brief

What is this about?

What did the court decide?

T.Veerasami, S/o.Thozhan v. The Director,Rural Development

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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