Madras High Court
Periyakaruppan vs The Managing Director on 19 March, 2025
Bench: J.Nisha Banu, S.Srimathy
W.A(MD)No.525 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.525 of 2025
and
C.M.P(MD)No.4048 of 2025
Periyakaruppan ... Appellant/Writ Petitioner
vs.
1.The Managing Director,
Tamil Nadu State Transport Corporation (CBE) Limited,
Coimbatore Division, Coimbatore.
2.The Managing Director,
Tamil Nadu State Transport Corporation (Madurai) Limited,
Madurai Division,
Madurai.
3.The General Manager,
Tamil Nadu State Transport Corporation (Madurai) Limited,
Dindigul Region,
Dindigul.
4.The Branch Manager,
Tamil Nadu State Transport Corporation (Madurai) Limited,
Theni Branch,
Theni. ... Respondents/Respondents
1/8
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W.A(MD)No.525 of 2025
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 06.11.2024 made in W.P(MD)No.23127 of 2022 on the file of this
Court.
For Appellant : Mr.J.Lawrance
For R – 1 : Mr.S.C.Herold Singh
Standing Counsel
For RR 2 to 4 : Mr.K.Ramaiah
Standing Counsel
JUDGMENT
(Judgment of the Court was delivered by J.NISHA BANU, J.)
The present Writ Appeal is filed against the order passed by the Writ
Court dated 06.11.2024 made in W.P(MD)No.23127 of 2022.
2.Challenging the impugned order passed by the second
respondent/Madurai Division, dated 25.08.2022, the impugned order passed by
the third respondent/Dindigul Region, dated 27.08.2022 and the consequential
relieving impugned order passed by the fourth respondent, dated 27.08.2022,
wherein the second respondent directed the writ petitioner to report before the
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first respondent/Coimbatore Division, the writ petitioner has filed the Writ
Petition.
3.The Writ Court, after considering all the materials available on
record, dismissed the Writ Petition, wherein it is observed as follows:
“The writ petitioner has been deputed from Coimbatore Division
to Madurai Division, specifically for a period of one year by way of an
order dated 22.10.2009. After the expiry of more than 13 years, several
requests were made by the parent Department to repatriate the writ
petitioner back to the Coimbatore Division. Therefore, the order passed
by the second respondent cannot be found fault with. The writ
petitioner cannot continue on deputation basis for over a period of one
year in the Madurai Division. In case, if the writ petitioner wishes to
get transferred permanently to the Madurai Division, it is for the writ
petitioner to approach the appropriate authority for getting such
relief.”
Challenging the same, the writ petitioner as appellant has preferred the present
Writ Appeal.
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4.The learned counsel appearing for the appellant/writ petitioner
would submit that the writ petitioner had made a request to the Government for
permanently transferring him from the first respondent to the second respondent
office. However, only an order of deputation was passed in the year 2009. The
writ petitioner has been working in the second respondent Transport Corporation
for more than 15 years and he had been promoted to various levels in the second
respondent Division. In such circumstances, repatriation back to the parent
Division, namely, the first respondent, would cause great prejudice to him. That
apart, if he is transferred from Madurai Division to Coimbatore Division, it would
cause great prejudice to his family. He further submitted that the writ petitioner
has given a representation dated 18.01.2025 to the Additional Chief Secretary,
Transport Department, Chennai, to retain him in Madurai Division.
5.Heard Mr.J.Lawrance, learned counsel appearing for the writ
petitioner, Mr.S.C.Herold Singh, learned standing counsel appearing for the first
respondent and Mr.K.Ramaiah, learned standing counsel appearing for the
respondents 2 to 4.
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6.On perusal of the materials available on record, it is seen that by
proceedings dated 22.10.2009, issued by the first respondent, the writ petitioner
was deputed from Coimbatore Division to Madurai Division for one year.
However, the writ petitioner managed to work in the deputed Division for more
than 15 years. Based on the request made by the first respondent to repatriate the
writ petitioner back to the Coimbatore Region, the second respondent has
relieved the writ petitioner vide impugned order dated 25.08.2022 and directed
the writ petitioner to report before the first respondent. It is the specific
contention of the learned counsel appearing for the writ petitioner that though
recommendations have been made to the transfer of the writ petitioner
permanently, in the impugned order dated 22.10.2009, it has been stated that the
writ petitioner was transferred only on a deputation basis. Accordingly, the writ
petitioner was deputed and the writ petitioner had been with his family for a
period of 15 years in the second respondent's Division.
7.Considering the facts and circumstances of the case, since the writ
petitioner has given a representation dated 18.01.2025 before the appropriate
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authority ie., the Additional Chief Secretary, Transport Department, Chennai,
stating that his family is residing at Madurai and to retain him in Madurai, the
Additional Chief Secretary, Transport Department, Chennai shall pass appropriate
orders on the representation of the writ petitioner, dated 08.01.2025, within a
period of four weeks from the date of receipt of a copy of this order. Till then, the
writ petitioner will not be disturbed.
8.With the above observation, this Writ Appeal is disposed of. There
shall be no order as to costs. Consequently, connected Miscellaneous Petition is
closed.
[J.N.B.,J.] & [S.S.Y.,J.]
19.03.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
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To
1.The Managing Director,
Tamil Nadu State Transport Corporation (CBE) Limited,
Coimbatore Division, Coimbatore.
2.The Managing Director,
Tamil Nadu State Transport Corporation (Madurai) Limited,
Madurai Division,
Madurai.
3.The General Manager,
Tamil Nadu State Transport Corporation (Madurai) Limited,
Dindigul Region,
Dindigul.
4.The Branch Manager,
Tamil Nadu State Transport Corporation (Madurai) Limited,
Theni Branch,
Theni.
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J.NISHA BANU, J.
and
S.SRIMATHY, J.
ps
ORDER MADE IN
DATED : 19.03.2025
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