A.Abimanyu vs The Managing Director
2022 Latest Caselaw 6319 Mad

                                                                               W.A(MD)No.279 of 2022


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 28.03.2022

                                                          CORAM:

                                    THE HONOURABLE MR.JUSTICE PARESH UPADHYAY
                                                       and
                                     THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                                 W.A(MD)No.279 of 2022
                                             and C.M.P.(MD) No.2698 of 2022

                A.Abimanyu                                                            .. Appellant

                                                            Vs

                The Managing Director
                State Express Transport Corporation (Tamilnadu) Ltd.,
                No.2 Pallavan Salai,
                Chennai – 2.                                                        .. Respondent


                PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent against
                the order dated 08.03.2022 made in W.P.(MD) No. 23067 of 2021.

                                     For Appellant     : Mr.M.Ajmal Khan,Senior Counsel
                                                         for Mr.V.Rajiv Rufus
                                     For Respondent    : Mr.K.Sathyasingh

                                                         JUDGMENT

[Delivered by R.VIJAYAKUMAR, J.]

The writ petitioner is the appellant. The petitioner, who is

working as a Branch Manager in Transport Corporation at Madurai, has

challenged an order of transfer from Madurai to Trichy.

https://www.mhc.tn.gov.in/judis W.A(MD)No.279 of 2022

2. In the writ petition, he has made averment that the

transfer is a punitive one and hence it is liable to be set aside. Though

initially an order of interim stay was granted, during final hearing

proceedings, the learned Single Judge has chosen to dismiss the writ

petition on the ground that the transfer has been effected only on

administrative grounds. The petitioner has not made out any case of

malafides or without jurisdiction the transfer order has been passed.

3. Learned Senior Counsel appearing for the writ

petitioner – appellant contended that the writ petitioner's daughter is due

to get married on 24.06.2022 and some sympathetic consideration may

be shown, permitting the petitioner to stay in the present post at least for

few months.

4. We are entirely in agreement with the order passed by

the learned Single Judge. A perusal of the impugned order shows that the

transfer has been effected only on administrative grounds and there are

no reasons to interfere in the order of learned Single Judge.

5. However, considering the plea made by learned Senior

Counsel and the marriage invitation of the petitioner's daughter filed in

additional typed set of papers, which indicates that the petitioner's

https://www.mhc.tn.gov.in/judis W.A(MD)No.279 of 2022

daughter is getting married on 24.06.2022, we are inclined to pass the

following order:

5.1 The impugned order of transfer dated 18.12.2021 shall

be kept in abeyance till 30.06.2022. The petitioner shall report to the

transferred post on 01.07.2022.

6. Writ appeal is dismissed with the above said

observations. No costs. Consequently, connected miscellaneous petition

would not survive.

                                                                 [P.U., J]         [R.V., J]
                                                                          28.03.2022
                Index             : No
                pkn/1

https://www.mhc.tn.gov.in/judis W.A(MD)No.279 of 2022

PARESH UPADHYAY, J.

and R.VIJAYAKUMAR, J.

pkn

W.A(MD)No.279 of 2022

28.03.2022

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