B.Mari vs The General Manager
2023 Latest Caselaw 13431 Mad

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 03.10.2023

                                                   CORAM

                           THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                              AND
                         THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                          W.A.(MD)No.1687 of 2023
                                                    and
                                         C.M.P.(MD)No.12917 of 2023

                     B.Mari                                      ...Appellant

                                                     -Vs.-


                     1.The General Manager,
                     Tamil Nadu State Transport Corporation
                       (Tirunelveli) Limited,
                     Tirunelveli Region, Tirunelveli.

                     2.The Branch Manager,
                     Tamil Nadu State Transport Corporation
                       (Tirunelveli) Limited,
                     Tirunelveli Region, Tenkasi Region,
                     Tenkasi.

                     3.The Branch Manager,
                     Tamil Nadu State Transport Corporation
                       (Tirunelveli) Limited,
                     Thoothukudi Region, Thiruchendur Region,
                     Thoothukudi.                                ...Respondents




                     1/4
https://www.mhc.tn.gov.in/judis
                     PRAYER:- Writ Appeal - filed under Clause 15 of Letters Patent Act, to
                     set aside the order dated 05.04.2023 made in W.P(MD)No.5144 of 2023
                     and allow the said Writ Appeal by quashing the impugned order passed
                     by the 1st respondent in A.A.No.10360/Nia5/ThaAPoKa./Thill/2022
                     dated 22.02.2023.


                                           For Appellant          : Mr.K.Guhan
                                           For R1                 : Mr.D.Jebaraj
                                                           ****


                                                    JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)

The order of transfer of issued by the General Manager

transferring the Writ Petitioner from Tenkasi to Thiruchendur was sought

to be quashed in the Writ Petition.

2.The appellant has raised a ground that the General Manager

has no competency to issue the order impugned, since the order of

transfer was issued from one region to another region. However, the

learned Judge found that the transfer order had been approved by the

Managing Director of the Transport Corporation and therefore, the

ground of jurisdiction raised by the appellant is untenable.

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

3.Transfer is incidental to service, more so, condition of

service. The present transfer order was issued on administrative grounds

and further, the appellant is facing departmental disciplinary proceedings

on account of certain allegations. This being the factum, we are not

inclined to entertain the Writ Appeal. Consequently, the Writ Appeal

stands dismissed. No costs. Consequently, connected miscellaneous

petition is closed.

                                                               [S.M.S.J.,] & [V.L.N.J.,]
                     NCC      :Yes/No                                  03.10.2023
                     Index    :Yes/No
                     Internet :Yes/No

                     cmr

https://www.mhc.tn.gov.in/judis S.M.SUBRAMANIAM, J.

AND V. LAKSHMINARAYANAN, J.

cmr

W.A.(MD)No.1687 of 2023

03.10.2023

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