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Madras High Court

N. Karthi Ganesh vs The Chief Engineer (Personnel) on 16 May, 2019

Author: C.V.Karthikeyan

Bench: C.V.Karthikeyan

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                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     Dated : 16.05.2019

                                                           Coram

                                         The Hon'ble Mr.Justice C.V.Karthikeyan


                                              Writ Petition No.14330 of 2019
                                                             and
                                                   WMP 14389 of 2019

                      N. Karthi Ganesh                                               ...Petitioner
                                                               Vs.

                      1. The Chief Engineer (Personnel),
                      Tamil Nadu Generation and Distribution Corporation Ltd.
                      No.144, Anna Salai,
                      Chennai - 600 002.

                      2. The Chief Engineer (Transmission)
                      Tamil Nadu Transmission Corporation Ltd.
                      No.144, Anna Salai,
                      Chennai - 600 002.

                      3. The Superintending Engineer (Transmission I),
                      Tamil Nadu Transmission Corporation Ltd.,
                      No.144, Anna Salai,
                      Chennai - 600 002.                    `                       ...Respondents

                      PRAYER:      Writ Petition filed under Article 226 of the Constitution of India, for
                      issuance of Writ of Mandamus, directing the second respondent to relieve the
                      petitioner from the post of Assistant Executive Engineer (Electrical), O/o.
                      Superintending Engineer (Transmission IV now V), Chennai 2 forthwith in
                      compliance with the order of Transfer issued by the first respondent in Memo
                      No.015443/G11/G.111/2019-1, dated 08.03.2019 and the consequent posting
                      order issued by the Chief Engineer issued by the Chief Engineer / Distribution /
                      Chennai Region / North in Memo No.003160/304/Admn / A. Sec / A2/F. AEE /
                      Trd/2019, dated 08.03.2019 and consequently permit the petitioner to join the


http://www.judis.nic.in
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                      post of Assistant Executive Engineer / O & M/Sowcarpet / CEDC / Central in the
                      existing vacancy as per the transfer and reposting order issued by the Chief
                      Engineer (Personnel) within a time frame with all consequential benefits.
                                       For Petitioner    :     Mr.G. Sankaran
                                       For Respondents   :     Mr.P.R. Dilip Kumar


                                                             ORDER

This writ petition has been filed seeking for a direction to the second respondent to relieve the petitioner from the post of Assistant Executive Engineer (Electrical), O/o. Superintending Engineer (Transmission IV now V), Chennai 2 forthwith in compliance with the order of Transfer issued by the first respondent in Memo No.015443/G11/G.111/2019-1, dated 08.03.2019 and the consequential orders and benefits to be extended to him.

2. The writ petitioner, had been initially appointed as Trainee (Helper ) in the year 2000 in the erstwhile Tamil Nadu Electricity Board, now known as TANGEDCO. Subsequently, he was promoted and finally posted as Executive Engineer (Electrical) in the office of the Superintending Engineer (Transmission IV now Transmission V). He claims to have a neuro problem in the forefinger of his left hand, which requires constant medical treatment and had applied for transfer. He was issued with the transfer order on 08.03.2019. Now, his grievance is that the second respondent has not passed any relieving order. He has given a representation on this account on 28.03.2019. Hence, this writ petition.

http://www.judis.nic.in 3

3. Mr.P.R. Dilip Kumar, learned counsel takes notice for the respondents.

4. It is seen that the attitude of the respondents by first issuing a transfer order and then not issuing a relieving order, cannot be appreciated by this Government. Consequently, the respondents concerned are directed to pass orders on the representation of the petitioner, dated 28.03.2019, and if there are no other hindrances, issue orders to relieve him, without any further delay within 24.05.2019.

5. In the result, the writ petition stands allowed on the above terms. No costs. Consequently, connected miscellaneous petition is closed.

16.05.2019 Index : yes/no Speaking Order/Non speaking vsi2/kmm Note to office : Issue order copy on or before 20.05.2019 To

1. The Chief Engineer (Personnel), Tamil Nadu Generation and Distribution Corporation Ltd. No.144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer (Transmission) Tamil Nadu Transmission Corporation Ltd. No.144, Anna Salai, Chennai - 600 002.

http://www.judis.nic.in 4 C.V.Karthikeyan, J.

kmm

3. The Superintending Engineer (Transmission I), Tamil Nadu Transmission Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.

Writ Petition No.14330 of 2019 16.05.2019 http://www.judis.nic.in