A TNSTC driver challenged his transfer from Ranithottam to Kulachal depot as punishment following earlier suspension. The court held the transfer was on administrative grounds and within the employer's discretion, dismissed the writ petition, and directed the petitioner to join the transferred place within two weeks.
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W.P.(MD)No.20568 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.(MD) No.20568 of 2025 and W.M.P(MD)No.15940 of 2025
Rajakannan
: Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari Mandamus, to call for records relating to the impugned transfer order passed by the 1 st respondent vide in his proceedings No.366/A10/Tha.A.Poo.Ka(Tvl)/Nagar/2014 dated 23.06.2025 and consequential order passed by the 2 nd respondent Memo No.005/RTM-III/TNSTC/ NGL/20 dated 01.07.2025 and quash the same and consequently direct the respondents to retain the petitioner in 2 nd respondent depot.
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For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.K.Ramiah
Standing Counsel
ORDER
This writ petition has been filed challenging the impugned transfer order passed by the 1 st respondent vide his proceedings in No. 366/A10/Tha.A.Poo.Ka(Tvl)/Nagar/2014 dated 23.06.2025 and the consequential order passed by the 2 nd respondent in Memo No.005/RTMIII/TNSTC/ NGL/20 dated 01.07.2025 and consequently to direct the respondents to retain the petitioner in 2 nd respondent depot.
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The learned counsel appearing for the petitioner submitted that the petitioner has been employed as Driver in the respondent Transport Corporation, Ranithottam at Kanyakumari District. While he was in service, he was placed under suspension for the reason that he is said to
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have allegedly scolded the Manager. After revocation of the said suspension, he joined duty. Now, after a period of 1½ months, he was transferred to Kulachal. Challenging the same, this writ petition came to be filed.
5. The learned counsel appearing for the petitioner further submitted that though the transfer order is said to be issued on administrative grounds, this transfer is issued as a punishment.
6. Per contra, the learned Standing Counsel appearing for the respondents submitted that the petitioner was appointed as a Driver under the second respondent. He has been serving in the same place for the past ten years and he is transferred only on administrative grounds. Earlier suspension and the disciplinary proceedings is nothing to do with the present transfer order and the transfer is purely on administrative grounds. He further submitted that the distance between the two places is only 15 kms. Hence, he prayed for dismissal of this writ petition.
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7. Admittedly, the petitioner has been working in Ranithottam for
the past ten years and only due to administrative reasons, the petitioner is transferred to Kulachel Branch. Any employer has full discretion to transfer his employees, depending upon the administrative exigencies. In view of the same, the prayer of the writ petitioner is totally misconceived and accordingly, this writ petition is dismissed.
8. However, there shall be a direction to the petitioner to join in the transferred place within a period of two weeks from the date of receipt of a copy of this order, failing which, the respondents are at liberty to take disciplinary proceedings against the petitioner. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
25.08.2025
Index : Yes / No NCC : Yes / No Sm
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To:-
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M.DHANDAPANI, J.
Sm
W.P.(MD) No.20568 of 2025
25.08.2025
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1 issue framed by the court
Whether a transfer made on administrative grounds after revocation of suspension could be challenged as punitive.
1 provisions across 1 enactments
Rajakannan
The General Manager, TNSTC (Tirunelveli Limited), Nagarcoil Region, Kannyakumari District
The Branch Manager, TNSTC Ranithottam Branch, Kannyakumari District
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
