Allowed

R.Singaravelu v. The Chief Engineer

Madras HC28 Mar 2022WP/2398/2021

Case brief

AI extract

What is this about?

In a public interest writ petition, the Madras High Court directed the respondent to relieve a transferred employee from his current post within four weeks to enable him to join duty at his new assigned station, rejecting the non-availability of posts as a valid defense.

What did the court decide?

Directed the 2nd respondent to post another Assessor Grade-II in petitioner's place and relieve petitioner within four weeks.

R.Singaravelu Vs The Chief Engineer — Pension and Retirement Benefits | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 28.03.2022

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CORAM:

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THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR

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W.P.No.2398 of 2021 and WMP.No. 2704 of 2021

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R.Singaravelu .. Petitioner

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Vs.

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1.The Chief Engineer, Personnel, Tamil Nadu Electricity Board/TANGEDCO, Anna Salai, Chennai-600002.

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2.The Executive Engineer, O & M Urban/South/Erode Erode Electricity Distribution Circle, TANGEDCO, Erode, Erode District Respondents

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Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2nd respondent to relieve the petitioner from the office of Executive Engineer O and M Urban / South / Erode Erode Electricity Distribution Circle so as to enable the petitioner to join duty at the transferred place in Mettur Electricity Distribution Circle as per the transfer order passed by the 1st respondent dated 04.03.2020 forthwith.

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For Petitioner : Mr.M.R.Jothimanian

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For Respondents : Mr.P.Subramanian, Standing Counsel

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ORDER

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The relief sought for in the writ petition is to direct the 2nd respondent to relieve the petitioner from the office of Executive Engineer O and M Urban / South / Erode Erode Electricity Distribution Circle so as to enable the petitioner to join duty at the transferred place in Mettur Electricity Distribution Circle as per the transfer order passed by the 1st respondent dated 04.03.2020 forthwith.

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

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The learned counsel for the petitioner has submitted that the petitioner was appointed as Assessor Grade -II by the 1^st respondent on 30.10.2015 and posted at O&M, Gobichettipalayam Electricity Distribution Circle. While the petitioner was working in Erode Electricity Distribution Circle, the 1^st respondent passed the transfer order dated 04.03.2020 in Memo No. 000064/19/G.261/2020-13, transferring the petitioner from Erode Electricity Distribution Circle to Mettur Electric Distribution Circle. Subsequent to the said transfer order, the Superintending Engineer, Mettur Electricity Distribution Circle, Mettur Dam-1 has issued consequential posting order, posting the petitioner at O & M, Tharamangalam and directed the petitioner to join in the office of the Assistant Engineer, Tharamangalam vide order dated 27.03.2020. But till date, the 2^nd respondentCircle did not relive the petitioner and retained him till date, without any valid reasons. Challenging the said action of the 2^nd respondent, the present writ petition is filed.

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Counter affidavit has been filed by the respondent, wherein it is stated that the other staff member namely D.Ramamoorthy Assessor, Ganapathypalayam who is under orders of transfer to Mettur EDC as per the 1^st respondent order dated 31.12.2018 and senior to the petitioner has not yet been relieved so far due to large number of vacancy and to maintain revenue augment. It is also stated in the counter affidavit that due to avoid financial loss to TANGEDCO in the 2^nd respondent organisation, they have not been relieved and as and when the situation improves by appointment/transfer of employees in place of employees so transferred, action will be taken to relive the petitioner as per the seniority of transfer orders issued.

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Heard both sides and perused the materials available on record.

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The aforesaid reason stated by the respondents in the counter affidavit that due to non relieving of senior staff member to the Mettur EDC, the petitioner who has been transferred to the same place is not relived, cannot be accepted by this Court. Hence it would be appropriate for this Court to direct the respondents to give effect to the transfer order as per the orders of the Superintending Engineer, Mettur Electricity System, dated 27.03.2020.

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Accordingly, taking note of the fact that the transfer order is not given effect from the year 2020, this Court directs the 2^nd respondent to make necessary arrangements to post some other Assessor Grade -II in the place of the petitioner and to relieve the petitioner from the present station, within a period of four weeks from the date of receipt of a copy of this order.

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

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With the above directions, the writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

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Sd/-

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Assistant Registrar(CS V)

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//True Copy//

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Sub Assistant Registrar

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The Chief Engineer, Personnel,

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Tamil Nadu Electricity Board/TANGEDCO, Anna Salai,

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Chennai-600002.

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The Executive Engineer, O & M Urban/South/Erode

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Erode Electricity Distribution Circle, TANGEDCO, Erode,

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Erode District

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+1cc to Mr.M.R.Jothimanian, Advocate, S.R.No.21449 +1cc to Mr.P.Subramanian, Advocate, S.R.No.21197

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W.P.No. 2398 of 2021 and WMP.No. 2704 of 2021

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GPL(CO) CT 04/05/2022

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

R.Singaravelu v. The Chief Engineer

Case brief

What is this about?

What did the court decide?

R.Singaravelu v. The Chief Engineer

Case brief

What is this about?

What did the court decide?

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