Madras High Court
The Director General vs Kumari S.S.Sreeja ...1St on 8 March, 2023
W.A.(MD)Nos.215 of 2013 and 987 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
W.A.(MD)Nos.215 of 2013 and 987 of 2012
and
M.P(MD).Nos.1 of 2013 and 1 of 2012
W.A(MD)No.215 of 2012
1.The Director General,
Highways Department,
Chennai-8.
2.The Joint Director,
Highways Department,
Chennai-5.
3.The Divisional Engineer,
Highways Department,
Construction and Maintenance
Thoothukudi.
4.The Divisional Engineer,
Highways Department,
Construction and Maintenance,
Nagercoil. ... Appellants/ Respondents
Vs.
https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.215 of 2013 and 987 of 2012
1.Kumari S.S.Sreeja ...1st Respondent/Writ
Petitioner
2.Mr.S.Paulthangam ...2 Respondent/5th
nd
Respondent
PRAYER: Appeal filed under Clause 15 of Letters Patent, against the
order passed by this Court in W.P(MD)No.7818 of 2012 dated 28.09.2012.
For Appellant : Mr.A.K.Manickam
Special Government Pleader
For R1 & R2 : No appearance
W.A(MD)No.987 of 2012
Mr.S.Paulthangam ...Appellant/5th Respondent
Vs.
1.Kumari S.S.Sreeja ...1st Respondent/Petitioner
2.The Director General,
Highways Department,
Chennai-8.
3.The Joint Director,
Highways Department,
Chennai-5.
4.The Divisional Engineer,
Highways Department,
Construction and Maintenance
Thoothukudi.
https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.215 of 2013 and 987 of 2012
5.The Divisional Engineer,
Highways Department,
Construction and Maintenance,
Nagercoil. ... Respondents 2-5/
Respondents 1-4
PRAYER: Appeal filed under Clause 15 of Letters Patent, against the
order passed by this Court in W.P(MD)No.7818 of 2012 dated 28.09.2012.
For Appellant : Mr.R.Nandakumar
For R1 : Mr.H.Mohammed Imran
for M/s.Ajmal Associates
For R2 to R5 : Mr.A.K.Manickam
Special Government Pleader
COMMON JUDGMENT
(Judgment of the Court was made by R.SURESH KUMAR, J.)
Since these writ appeals have been filed against the order passed
by the writ Court, dated 28.03.2022 made in W.P(MD)No.7818 of 2012,
with the consent of the learned counsel appearing for both the parties, both
these writ appeals are taken up together and disposed of by this common
order.
https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.215 of 2013 and 987 of 2012
2.By order dated 31.05.2012, the first respondent in W.A(MD)No.215
of 2012, viz., Sreeja was transferred from Kovilpatti to Kulithurai,
subsequently, on 01.06.2016, the said order was cancelled. On the very
same day, the said Sreeja was transferred or accommodated at Nagercoil
where the second respondent Paulthangam was working and she has been
transferred to Kulithurai.
3.The said order, accommodating the said Sreeja at Nagercoil and
placing the second respondent Paulthangam at Kulithurai, dated 01.06.2022,
was under challenge in these writ petition.
4.The learned Judge, who heard the matter, by order dated
28.09.2012, has allowed the said writ petition, as the said order of transfer
accommodating Sreeja at Nagercovil and placing Paulthangam at Kulithurai
was not passed on administrative exigency.
5.Against the order of the learned Judge, dated 28.09.2012,
Paulthangam has filed a writ appeal in W.A(MD)No.987 of 2012 and the
Official Respondents in the writ petition filed W.A(MD)No.215 of 2012.
https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.215 of 2013 and 987 of 2012
6.Today when these two writ appeals are taken up for final hearing,
Mr.R.Nandakumar, learned counsel appearing for Paulthangam, who is the
appellant in W.A(MD)No.987 of 2012, would submit that, the said
Paulthangam had attained the age of superannuation and retired from
service in the year 2013 itself, therefore, she did not have any grievance as
of now.
7.The learned Additional Government Pleader appearing for the
appellants in W.A(MD)No.215 of 2012 submitted that, insofar as Sreeja is
concerned, subsequently she has been promoted as Manager and she is
presently working at NABARD, Rural Roads(RR) at Tirunelveli. Therefore,
the learned Additional Government Pleader also would submit that, as of
now, there could be no quarrel with regard to the said transfer given or the
subsequent order passed by the Writ Court, as much water had flown during
these long years, whereas, these writ appeals were pending from 2012.
8.We have considered the said submissions made by the learned
counsels and having recorded the same, this Court feels that no further order
is required to decide the issue in these writ appeals.
https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.215 of 2013 and 987 of 2012
9.In view of such developments, where the issue raised in these
writ appeals since have become virtually infructuous, these writ appeals are
dismissed. No costs. Consequently, connected miscellaneous petitions are
closed.
(R.S.K., J.) & (K.K.R.K, J.)
08.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Ns
To
1.The Director General,
Highways Department,
Chennai-8.
2.The Joint Director,
Highways Department,
Chennai-5.
3.The Divisional Engineer,
Highways Department,
Construction and Maintenance
Thoothukudi.
4.The Divisional Engineer,
Highways Department,
Construction and Maintenance,
Nagercoil.
https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.215 of 2013 and 987 of 2012
R.SURESH KUMAR, J.
AND
K.K.RAMAKRISHNAN, J.
Ns
W.A.(MD)Nos.215 of 2013 and 987 of 2012
and
M.P(MD).Nos.1 of 2013 and 1 of 2012
08.03.2023
https://www.mhc.tn.gov.in/judis
