Petitioner vs The Inspector General/Deputy ... on 26 May, 2016

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Madras High Court

Petitioner vs The Inspector General/Deputy ... on 26 May, 2016

Bench: R.Mahadevan

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 26.05.2016  

CORAM   
THE HONOURABLE MR.JUSTICE R.MAHADEVAN             

W.P(MD)No.9521 of 2016   
and 
W.M.P(MD)Nos.7574 and 7575 of 2016    


M.A.Shah (05SF9520067)   
                                                                        : Petitioner
                        
Vs.

1.The Inspector General/Deputy Inspector General,
   RPSF, Railway Board, 
   Ministry of Railways,
   Government of India,
   New Delhi.

2.The Commanding Officer, 
   4th BN/RPSF/TPJ, 
   P/o Khaha Nagar,
   Trichy ? 620 023.
                                                                : Respondents 

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
for the issue of a Writ of Certiorari to call for the records relating to the
impugned order of transfer of the first respondent bearing
No.2016/sec/(ABE)TR-5/1 dated 19.04.2016 and consequent battalion order  
29/2016 of the second respondent dated 20.04.2016 on the basis of the first
respondent's order and quash the same as mala fide contrary to law and
against the principles of natural justice.

!For Petitioner         : Mr.D.Nellaiyappan
^For Respondents                : Mr.S.Manohar 
                                                
:O R D E R

This writ petition has been filed by the petitioner challenging the impugned order of transfer dated 19.04.2016 and consequent battalion order 29/2016 of the second respondent dated 20.04.2016.

2. It is stated by the petitioner that he is transferred from Trichy to VI BN New Delhi, after 15 years of service in Trichy. According to the learned counsel for the petitioner, the petitioner is having three children and they are studying M.Sc., B.E., and 7th Standard respectively at Trichy. Further, the petitioner is suffering from right knee problem and he underwent surgery in the year 2014 and still he is in continuous treatment. Hence, considering the position, he made a representation on 28.04.2016 for retaining him at Trichy. The said representation has not been considered so far. Hence, the petitioner has come before this Court.

3. The learned Counsel appearing for the respondents submitted that no such representation has been received by the respondents and moreover the health ground cannot be a reason for denying the transfer.

4. I have considered the rival submissions made by both sides.

5. Since the children of the petitioner are studying at Trichy and already the petitioner effected the payment of fee for the current academic year, the request of the petitioner is to be considered by the respondents. Hence, the petitioner is directed to send a copy of the representation dated 28.04.2016 along with a copy of this order to the respondents. On receipt of the same, the respondents shall consider the same and pass orders on merits and in accordance with law, within a period of two weeks thereafter. Till such time, the petitioner shall be permitted to continue his work in the original place.

6. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

1.The Inspector General/Deputy Inspector General, RPSF, Railway Board, Ministry of Railways, Government of India, New Delhi.

2.The Commanding Officer, 4th BN/RPSF/TPJ, P/o Khaha Nagar, Trichy ? 620 023..

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