Madras High Court
O.K.Prakash Bapu vs Tamil Nadu Generation & ... on 6 December, 2022
W.A(MD) No.398 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD) No.398 of 2022
and C.M.P(MD) No.4019 of 2022
O.K.Prakash Bapu ... Appellant
-vs-
1.Tamil Nadu Generation & Distribution
Corporation Limited (TANGEDCO),
Represented by the Chairman cum Managing Director,
10th Floor, NPKRR Maaligai,
144, Anna Salai,
Chennai – 2.
2.Tamil Nadu Generation & Distribution
Corporation Limited (TANGEDCO),
Represented by its Secretary,
10th Floor, NPKRR Maaligai,
144, Anna Salai,
Chennai – 2.
3.The Chief Engineer / Distribution /
Madurai Region,
Tamil Nadu Generation & Distribution
Corporation Limited (TANGEDCO),
Madurai Regional Office,
K.Pudur,
Madurai – 7.
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W.A(MD) No.398 of 2022
4.The Superintending Engineer,
Madurai Electricity Distribution
Circle / Metro,
Tamil Nadu Generation & Distribution
Corporation Limited (TANGEDCO),
Madurai District.
5.The Superintending Engineer,
Non-Conventional Energy Sources,
Tamil Nadu Generation & Distribution
Corporation Limited (TANGEDCO),
Tirunelveli, Tirunelveli District.
6.Mr.R.Palani ... Respondents
PRAYER: Writ Appeal filed under Section I5 of Letters Patent against
the order dated 18.04.2022 made in W.P.(MD)No.1762 of 2022.
For Appellant : Mr.T.Lajapathi Roy
For Respondents : Ms.M.Parameshwari,
Standing Counsel for R1 to R5
Mr.M.Ajmalkhan, Senior Counsel
for M/s.Ajmal Associates
JUDGMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
Challenging the order passed by this Court, dated 18.04.2022,
made in W.P.(MD)No.1762 of 2022, the appellant has come forward with
this writ appeal.
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W.A(MD) No.398 of 2022
2. The appellant / writ petitioner has filed a writ petition,
challenging the transfer order dated 21.01.2022, issued by the second
respondent, alleging that only for the purpose of accommodating the
sixth respondent, the transfer order was passed. After hearing the parties,
the Writ Court, by order dated 18.04.2022, dismissed the writ petition, by
rejecting the contention of the appellant / writ petitioner. As against the
said order, the appellant / writ petitioner has filed this Writ Appeal.
3. The learned counsel appearing for the appellant submitted that
on the basis of the request of the sixth respondent, the transfer order has
been passed and normally, the request for transfer can be made only in
available vacancies. The learned Single Judge, has failed to consider the
said fact and on that ground, the order of the learned single Judge is
liable to be interfered with.
4. The learned counsel appearing for the sixth respondent
submitted that the sixth respondent – Palani is due to retire from service
in the month of May, 2023 and after the retirement of the sixth
respondent, the appellant may approach the authority and seek for
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W.A(MD) No.398 of 2022
transfer to Madurai, for which, the learned counsel for the appellant is
agreed.
5. We are of the view that normally, this Court cannot interfere
with the order of transfer passed by the respondents on the administrative
grounds. However, this will not stand in the way of the appellant to
approach the authorities and seek for transfer from Palani to Madurai,
after the retirement of the sixth respondent.
6. With the above liberty, this Writ Appeal is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
[D.K.K., J.] [R.V., J.]
06.12.2022
Index : Yes / No
Internet : Yes / No
vsm
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https://www.mhc.tn.gov.in/judis
W.A(MD) No.398 of 2022
To
1.Tamil Nadu Generation & Distribution
Corporation Limited (TANGEDCO),
Represented by the Chairman cum Managing Director,
10th Floor, NPKRR Maaligai,
144, Anna Salai,
Chennai – 2.
2.Tamil Nadu Generation & Distribution
Corporation Limited (TANGEDCO),
Represented by its Secretary,
10th Floor, NPKRR Maaligai,
144, Anna Salai,
Chennai – 2.
3.The Chief Engineer / Distribution /
Madurai Region,
Tamil Nadu Generation & Distribution
Corporation Limited (TANGEDCO),
Madurai Regional Office,
K.Pudur,
Madurai – 7.
4.The Superintending Engineer,
Madurai Electricity Distribution
Circle / Metro,
Tamil Nadu Generation & Distribution
Corporation Limited (TANGEDCO),
Madurai District.
5.The Superintending Engineer,
Non-Conventional Energy Sources,
Tamil Nadu Generation & Distribution
Corporation Limited (TANGEDCO),
Tirunelveli, Tirunelveli District.
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https://www.mhc.tn.gov.in/judis
W.A(MD) No.398 of 2022
D.KRISHNAKUMAR, J.
and
R.VIJAYAKUMAR, J.
vsm
W.A.(MD) No.398 of 2022
06.12.2022
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https://www.mhc.tn.gov.in/judis
