The Madras High Court dismissed this writ petition challenging a transfer order issued by TANGEDCO. The Court accepted the respondents' submission that the transfer was on administrative grounds and seniority would not be adversely affected.
Writ petition dismissed; connected miscellaneous petitions closed.
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.
WP.No.34550 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR
WP.No.34550 of 2022
and W.M.P.Nos.33987 & 33989 of 2022, 8814 & 16432 of 2023
J.Ramesh Babu
.. Petitioner
Versus
1.TamilNadu Generation and Distribution Corporation Ltd. (TANGEDCO) Rep. by its Chief Engineer(Personnel) N.P.K.K.R. Maaligai 144/800, Anna Salai Chennai - 600 002.
3.Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO) Rep.by its Superintending Engineer(South II) C.E.D.C./South-I
K.K.Nagar, Chennai - 600 078.
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WP.No.34550 of 2022
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order of the 3rd Respondent dated 17.05.2022 in Memo No. 2105/SE/CEDC/S-I/Adm.3/A.3/F.F.M.I.Gr.T.O./2022 and the consequential order of the 4th Respondent dated 16.12.2022 in Memo No. EE/O and M/K.K.Nagar/ADM/A.3/F.ForemanTra.Ordr/D.4306/2022 and quash the same.
For Petitioner : Mr.K.Selvaraj For Respondents : Mr.David Sundar Singh
ORDER
This writ petition has been filed challenging the impugned transfer order
issued by the third respondent dated 166.12.2022.
the writ petition may be closed recording para 12 of the counter affidavit of the respondents dated 03.02.2023, wherein, it is stated as follows:
“...12. I respectfully submit, with reference to the petitioner's allegations in paragraph 12 to 14 and in the Grounds that the transfer ordered by the first respondent in Memo., dated 17.05.2023 was on administrative grounds and it was also clearly reflected in the said order. Therefore, the allegation that he would loose the seniority and has to take a last rank in the post of Foreman Grade-I in the new Circle/Chennai EDC/South-I is contrary to truth. It is submitted that, as the order of transfer was made on administrative grounds, his seniority will not be placed at the bottom of his seniority list of Foreman I Grade but will be placed just above his junior in the new Circle. Therefore, the allegation that his seniority will be affected and other allegations surrounding the same are denied as contrary to facts on record.”
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WP.No.34550 of 2022
07.08.2023
dhk Index:Yes/No Internet:Yes/No Neutral Citation:Yes/No To
1.The Chief Engineer (Personnel) TamilNadu Generation and Distribution Corporation Ltd. (TANGEDCO) N.P.K.K.R. Maaligai 144/800, Anna Salai Chennai - 600 002.
3.The Superintending Engineer(South II) Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO) C.E.D.C./South-I K.K.Nagar, Chennai - 600 078.
N.SATHISH KUMAR, J.
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WP.No.34550 of 2022
dhk
W.P.No.34550 of 2022
07.08.2023
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1 issue framed by the court
Whether the transfer order of an employee on administrative grounds should be quashed due to alleged loss of seniority.
J.Ramesh Babu
TamilNadu Generation and Distribution Corporation Ltd. (TANGEDCO)
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
