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Madras High Court

M.S.Manikandan vs Chief Engineer on 19 June, 2024

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                                                     W.P.No.11173 of 2024

                                     THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED: 19.06.2024

                                                             CORAM :

                           The Hon'ble MR.JUSTICE D.BHARATHA CHAKRAVARTHY, J.


                                                      W.P.No.11173 of 2024


                     M.S.Manikandan                                                    .. Petitioner

                                                                   -vs-

                     1. Chief Engineer,
                        Grid Operation, 3rd Floor,
                        TANTRANSCO New Building,
                        TNEB Head Quarters,
                        144, Anna Salai, Chennai 600 002.

                     2. Superintending Engineer, LD & GO.,
                        State Load Despatch Centre,
                        TANTRANSCO, 144, Anna Salai,
                        Chennai 600 002.

                     3. Executive Engineer, LD,
                        State Load Despatch Centre,
                        TANTRANSCO, 144, Anna Salai,
                        Chennai 600 002.

                     4. Chief Engineer/Personnel,
                        8th Floor, TANGEDCO, TNEB Head
                         Quarters, 144, Anna Salai,
                        Chennai 600 002.                                              .. Respondents


                                  Petition filed under Article 226 of the Constitution of India
                     praying         for   issuance    of   Writ    of    Mandamus   directing   the   3rd


                     Page 1 of 6


https://www.mhc.tn.gov.in/judis
                                                                                         W.P.No.11173 of 2024

                     respondent to relieve the petitioner from the post of Assistant
                     Engineer/Electrical/                 Scheduling/REMC/CE/Operations,                  O/o.
                     Superintending Engineer/LD & GO, Grid Operation/TANTRANSCO,
                     144, Anna Salai, Chennai 600 002 forthwith in compliance with the
                     order           of     Transfer       dated       08.11.2023        bearing       Memo
                     No.042610/G.11/G.111/2023-3                       issued       by       the          Chief
                     Engineer/Personnel, Chennai and reposting order dated 20.11.2023
                     bearing          Memo     No.019252/1078/Adm.I/A.1/2023               issued    by    the
                     Superintending            Engineer,    Vellore,    and     consequently    permit     the
                     petitioner           to       join    the     post       of   Assistant        Engineer,
                     O/o.SE/Operation/Thiruvalam in the existing vacancy as per the
                     transfer and reposting order issued by the respondents within the
                     time limit stipulated by this Court with all other consequential
                     benefits.



                                  For Petitioner             :      Mr.John Joseph.R.
                                                                    for P.V.S.Giridhar Associates

                                  For Respondents            :      Mr.K.Rajkumar

                                                                 *****


                                                                 ORDER

The grievance of the petitioner is that by an order of transfer dated 20.11.2023, the petitioner was transferred from his present post, that is, Assistant Engineer/Electrical at Chennai to Assistant Page 2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.11173 of 2024 Engineer/Electrical, Thiruvalam. The said order was passed as per the request of the petitioner and after considering the transfer cases on request on their own merits as per the policy of the respondents.

Even thereafter, till today, the respondents have not relieved the petitioner and hence the writ petition.

2. When the writ petition came up for hearing on the last occasion, Mr.Rajkumar, the learned counsel taking notice on behalf of the respondents, submitted that one Balaji is posted in place of the petitioner as reliever. The nature of the post is that the petitioner cannot be relieved without the reliever joining the duty. Once the said Balaji joins the petitioner's place, thereafter, the petitioner would be relieved.

3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submits that the said Balaji has already joined and therefore, the petitioner may be relieved.

4. The learned counsel for the respondents submits that the nature of duties requires the petitioner to train the said Balaji for a period of two weeks and thereafter, the petitioner will be relieved.

Page 3 of 6

https://www.mhc.tn.gov.in/judis W.P.No.11173 of 2024 The said submissions made by the learned counsel for the respondents is placed on record. In view thereof, the respondents shall relieve the petitioner, in any event, not later than a period of three weeks from today.

5. The writ petition is disposed of accordingly. No costs.




                                                                                          19.06.2024
                     Index     : Yes
                     Website   : Yes
                     Speaking Order

                     sra

                     To

                     1. The Chief Engineer,
                        Grid Operation, 3rd Floor,
                        TANTRANSCO New Building,
                        TNEB Head Quarters,

144, Anna Salai, Chennai 600 002.

2. The Superintending Engineer, LD & GO., State Load Despatch Centre, TANTRANSCO, 144, Anna Salai, Chennai 600 002.

3. The Executive Engineer, LD, State Load Despatch Centre, TANTRANSCO, 144, Anna Salai, Chennai 600 002.

Page 4 of 6

https://www.mhc.tn.gov.in/judis W.P.No.11173 of 2024

4. The Chief Engineer/Personnel, 8th Floor, TANGEDCO, TNEB Head Quarters, 144, Anna Salai, Chennai 600 002.

Page 5 of 6

https://www.mhc.tn.gov.in/judis W.P.No.11173 of 2024 D.Bharatha Chakravarthy, J.

(sra) W.P.No.11173 of 2024 19.06.2024 Page 6 of 6 https://www.mhc.tn.gov.in/judis