The petitioner challenged a transfer order. The court noted the petitioner joined the transferred post, continued service, and was subsequently suspended. As the relief sought was no longer viable, the writ petition was dismissed as infructuous.
Writ Petition dismissed as infructuous. No costs.
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.
W.P.No.18048 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.11.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.No.18048 of 2021 and W.M.P.Nos.19275 & 19276 of 2021
M.Prabakar
... Petitioner
Vs.
Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai 15. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order of transfer issued by the first respondent in G.O.Ms.No.221, Rural Development and Panchayats (E1) Department, dated 19.08.2021 and to quash the same and to direct the respondents herein to retain the petitioner in the same post and station till the completion of his tenure.
For Petitioner : Mr.S.Mohammed Shalik for Mr.M.Ravi
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W.P.No.18048 of 2021
For Respondents : Mr.P.Neelakandan, AAG, Assisted by Mr.R.U.Dinesh Raj Kumar, AGP
O R D E R
This Writ Petition has been filed for quashment of the order issued by the first respondent in G.O.Ms.No.221, Rural Development and Panchayats (E1) Department, dated 19.08.2021 and to direct the respondents herein to retain the petitioner in the same post and station till the completion of his tenure.
3.The learned counsel for the petitioner submitted that the petitioner was initially appointed as Divisional Development Officer by the first respondent's department and thereafter, was promoted as Additional Director of Rural Welfare Department. The petitioner was later transferred and posted as Additional Director of Rural Development & Panchayats/ Project Director, Livelihoods Mission at Madurai on 24.02.2020. All of a sudden, on
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W.P.No.18048 of 2021
19.08.2021, the first respondent issued an order of transfer to the post of Principal, Regional Institute of Rural Development and Panchayat, Pattukottai, Tanjore District. The order seems to have been passed on the request of the other individuals, not on the request of the petitioner. There is no administrative ground to transfer the petitioner during the middle of the academic year, especially, when the daughter of the petitioner was studying 8th standard at Madurai and his mother, aged 86 years was undergoing treatment at Madurai. Hence, the petitioner has filed the present petition seeking to quash the order of transfer issued by the first respondent.
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W.P.No.18048 of 2021
continued his service and was placed under suspension from service on 30.05.2023 vide G.O.(2D).No.51, RD & PR (E2), dated 30.05.2023. He was not permitted to retire from service on 31.05.2023 A.N. Hence, the prayer of the petitioner for order of transfer has become infructuous.
infructuous. Hence, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected connected Miscellaneous Petitions are closed.
13.11.2024
vkr Index : Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No
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W.P.No.18048 of 2021
To
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W.P.No.18048 of 2021
VIVEK KUMAR SINGH, J.
vkr
W.P.No.18048 of 2021 and W.M.P.Nos.19275 & 19276 of 2021
13.11.2024
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1 issue framed by the court
Whether the writ petition challenging the transfer order has become infructuous due to subsequent events?
1 provisions across 1 enactments
M.Prabakar
Government of Tamil Nadu, Rep by Principal Secretary to Government, Rural Welfare and Panchayats Department
The Director, Rural Development and Panchayat Raj Department
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
