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V.Mohan, Vs The Managing Director — Service and Employment | Madras HC (2018)

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Madras HC
2018
V.Mohan, Vs The Managing DirectorV.Mohan, v. The Managing Director

Dismissed

V.Mohan, v. The Managing Director

Madras HC27 Feb 2018WP/4277/2018

Case brief

AI extract

What is this about?

Petitioner challenged alleged transfer attempts while suspended, but the Court dismissed the writ petition as premature.

What did the court decide?

Writ petition stands dismissed avec dechisance.

What the court decided

AI extract

A

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA

W.P.No.4277 of 2018

V.Mohan .. Petitioner

-vs1. The Managing Director Tamil Nadu State Marketing Corporation Ltd., (TASMAC) 4^th Floor, CMDA Tower II, Egmore Chennai 600 008

The Senior Regional Manager Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Salem Region, No.56, Brindhavan Road Fairlands, Salem-16

The District Manager, Arakkonam District Tamil Nadu State Marketing Corporation Ltd., (TASMAC) SIPCOT, Ranipet

Walaja Taluk, Vellore District .. Respondents

Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider the representations of the petitioner appeal dated 16.02.2018 and 20.02.2018 within time frame fixed by this Hon'ble Court.

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether a writ petition challenging mere apprehension of transfer by an employer is maintainable.

Parties & counsel

AI extract

petitioner
V. Mohan
respondent
The Managing Director, Tamil Nadu State Marketing Corporation Ltd.
respondent
The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd.
respondent
The District Manager, Arakkonam District, Tamil Nadu State Marketing Corporation Ltd.

Coram

AI extract

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 27 Feb 2018 · February
Registered: 23 Feb 2018
Case no.: WP/4277/2018

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Cite this judgement

V.Mohan, v. The Managing Director, WP/4277/2018 (MAD), decided on 27 February 2018.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

T. Raja

Parties & counsel

Outcome

Writ petition stands dismissed avec dechisance.

Issue for consideration

Whether a writ petition challenging mere apprehension of transfer by an employer is maintainable.

Detailed headnote1 paragraphs

The writ petition filed by a victim of suspension and dismissal seeking a direction to restrain further transfer on mere apprehension was held to be premature and is accordingly dismissed. Judicial intervention is not available where the grievation is based on fear of future action rather than an existing actionable deficit. The issue is not one for this Court's interference at this stage. The writ petition is dismissed.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

For Petitioner :: Mr.M.Manimaran

For Respondents :: Mr.B.Nedunchezhiyan

ORDER

The petitioner, while serving as Supervisor, suffered an order of suspension and subsequently ended in dismissal from service. However, the said order of dismissal was set aside and he was reinstated in service by an order dated 8.8.2017 and posted to Shop No.11134-Chettithangal. Subsequently, he was transferred to Shop No.11207-Oocheri. While he is serving in Oocheri from December, 2017, once again the respondents are trying to disturb the

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

petitioner by way of another transfer. Smelling their design, the petitioner also has given his representations on 16.2.2018 and 20.2.2018 not to effect any more transfer, as he is also not keeping well. But ignoring his repeated representations, the respondents are proceeding further. Therefore, he has come to this Court.

It is not known how the petitioner can come to this Court only on a mere apprehension that he is going to be transferred or on the fear that the respondents are trying to transfer him to another shop. Therefore this Court, holding the writ petition as premature, is not inclined to entertain the same. Accordingly, the writ petition stands dismissed. No costs.

-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
ss
To
1. The Managing Director
Tamil Nadu State Marketing Corporation Ltd., (TASMAC)
4 th Floor, CMDA Tower II, Egmore
Chennai 600 008
2. The Senior Regional Manager
Tamil Nadu State Marketing Corporation Ltd., (TASMAC)
Salem Region, No.56, Brindhavan Road
Fairlands, Salem-16
3. The District Manager, Arakkonam District
Tamil Nadu State Marketing Corporation Ltd., (TASMAC)
SIPCOT, Ranipet
Walaja Taluk, Vellore District
+2 CC to Mr.B.Nedunchezhiyan, Advocate Sr.No.15149, 15150
W.P.No.4277 of 2018
KP(14/03/2018)

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

T. Raja

CNR

HCMA010089882018

Topic

Service and Employment

Bench

Disposal

DISMISSED

A.Gunasekaran, Vs The Additional Registrar of

27 Feb 2018

M.Venkatesan, Vs The Chairman

27 Feb 2018