Dismissed

Mr. K.Senthilkumar v. TamilNadu State Transport corporation

Madras HC1 Aug 2023WP/9107/2022

Case brief

AI extract

What is this about?

The petitioner sought to quash an administrative transfer order from Ukkadam to Mettupalayam, claiming surplus employees in the new location. The High Court held the Writ Petition was not maintainable for non-punitive transfers as transfer is a condition of service, dismissing the petition.

What did the court decide?

Writ Petition dismissed; transfer order not quashed; connected miscellaneous petitions closed.

Mr. K.Senthilkumar Vs TamilNadu State Transport… — Service and Employment | Madras HC (2023)

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W.P.No.9107 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01.08.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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W.P.No.9107 of 2022 &

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WMP.Nos.8891 & 8892 of 2022

K.Senthilkumar

... Petitioner

Tamil Nadu State Transport Corporation [Coimbatore] Ltd., Represented by its Managing Director,

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37, Mettupalayam Rd, Tatabad, Kuppakonam Pudur, Coimbatore, Tamil Nadu – 641 043.

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The General Manager,

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Tamil Nadu State Transport Corporation [Coimbatore] Ltd., 37, Mettupalayam Rd, Tatabad, Kuppakonam Pudur, Tamil Nadu 641 043.

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The Branch manager,

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Tamil Nadu State Transport Corporation [Coimbatore] Ltd., Bye Pass Road, Near Ukkadam Bus Stand, Ukkadam, Coimbatore, Tamil Nadu – 641 001.

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The Branch Manager,

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Tamil Nadu State Transport Corporation [Coimbatore] Ltd., Mettupalayam I Branch, Coimbatore, Tamil Nadu – 641 009.

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... Respondents

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https://www.mhc.tn.gov.in/judis

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1/5

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W.P.No.9107 of 2022

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Prayer :- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the impugned transfer order dated 10.8.2021 issued by the first respondent against the petitioner and to quash the same as illegal and further pass an order of stay on the operation of the transfer order (2954/ E3B/Pathu1 / TNSTC (CBE)/ 2021) and permit the petitioner to continue his service with the third respondent.

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For Petitioner : Mr.C.Sivakumar

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For Respondent : Mr.S.Prabakaran Government Advocate

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ORDER

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This Writ Petition has been filed to quash the impugned transfer order dated 10.8.2021 issued by the first respondent against the petitioner as illegal and pass an order of stay on the operation of the transfer order (2954/ E3B/Pathu1 / TNSTC (CBE)/ 2021) and permit the petitioner to continue his service with the third respondent.

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2/5 https://www.mhc.tn.gov.in/judis

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W.P.No.9107 of 2022

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The petitioner is working as a Sr. Conductor and he has been transferred on administration ground from Ukkadam Branch to Mettupalayam. It is the contention of the petitioner that he has been transferred from a region of deficit employees to surplus employees. Hence, seeks to quash the impugned Order.

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At the outset, this Court is of the view that, the Writ Petition itself is not maintainable mainly on the ground that transfer to some other place, unless the transfer is on the ground of punitive or malafide. Since transfer is a condition of service and particularly, when the transfer has been made on administrative ground, such transfer cannot be questioned in a Writ Petition. Hence, there is no merits in this Writ Petition and same is liable to be dismissed.

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Accodingly, this Writ petition is dismissed. Consequently,

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connected miscellaneous petitions are closed. No costs.

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01.08.2023

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W.P.No.9107 of 2022

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Index:Yes/No Neutral Citation : Yes/No

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vrc

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To,

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Tamil Nadu State Transport Corporation [Coimbatore] Ltd., Represented by its Managing Director,

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37, Mettupalayam Rd, Tatabad, Kuppakonam Pudur, Coimbatore, Tamil Nadu – 641 043.

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The General Manager, Tamil Nadu State Transport Corporation [Coimbatore] Ltd., 37, Mettupalayam Rd, Tatabad, Kuppakonam Pudur, Tamil Nadu 641 043.

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The Branch manager, Tamil Nadu State Transport Corporation [Coimbatore] Ltd., Bye Pass Road, Near Ukkadam Bus Stand, Ukkadam, Coimbatore, Tamil Nadu – 641 001.

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The Branch Manager,

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Tamil Nadu State Transport Corporation [Coimbatore] Ltd., Mettupalayam I Branch, Coimbatore, Tamil Nadu – 641 009.

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4/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.9107 of 2022

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N.SATHISH KUMAR, J.

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vrc

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WP.No.9107 of 2022

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01.08.2023

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Mr. K.Senthilkumar v. TamilNadu State Transport corporation

Case brief

What is this about?

What did the court decide?

Mr. K.Senthilkumar v. TamilNadu State Transport corporation

Case brief

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What did the court decide?

What the court decided

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