1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.11210 of 2011 and M.P.(MD)No.1 of 2011 S.Muthukrishnan : Petitioner Vs. 1.The Chief Engineer (General), Public Works Department, Chepauk, Chennai - 5. 2.The Executive Engineer, Public Works Department, Water Resource Organisation, Special Project Division, Ambasamudram, Tirunelveli Distrit. 3.The Assistant Executive Engineer, Public Works Department, Planning and Designing (Sub Division), Paramakudi. 4.The Assistant Executive Engineer, Public Works Department, Special Project Sub Division No.2, Ambasamudram, Tirunelveli District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the third respondent to issue the last pay certificate and relieving order immediately to the petitioner so as to enable him to work as Jeep Driver peacefully under the control of the second respondent. For Petitioner : M/s.R.Singgaravelan For Respondents : Mr.TR.Janarthanan Additional Government Pleader ORDER This writ petition has been filed by S.Muthukrishnan seeking issuance of writ of mandamus directing the third https://hcservices.ecourts.gov.in/hcservices/ 2 respondent/Assistant Executive Engineer, Public Works Department, Planning and Designing (Sub Division), Paramakudi, to issue the last pay certificate and relieving order immediately to him so as to enable him to work as Jeep Driver peacefully under the control of the second respondent. 2. Mr.R.Singgaravelan, the learned Counsel appearing for the petitioner submits that the petitioner was appointed as Driver on proper selection through employment exchange. The petitioner joined in service on 13.10.1982 at Sattur in Vembakottai Reservoir Project Division at Srivilliputtur and subsequently, he has been posted under the control of the first respondent by order dated 24.08.2011 at the office of the Chief Engineer (PWD), Water Resources Organisation, Madurai Region, Madurai. On his posting, the first respondent asked the petitioner to join duty in Sub division No.2, Ambasamudram by order dated 08.09.2011. In pursuance of the said order, he joined duty on 12.09.2011 itself. But, the fourth respondent is insisting upon him to get the relieving order and last pay certificate from the third respondent/Assistant Executive Engineer, Public Works Department, Planning and Designing (Sub Division), Paramakudi, under whom the petitioner has worked for sometime in order to make the payment of salary. Therefore, the only grievance made by the petitioner is that the third respondent has not issued the relieving order and the last pay certificate, without which, the petitioner will not be in a position to get his salary from the present employer. 3. Though the learned Additional Government Pleader has taken notice on 28.09.2011, today when the matter is taken up for hearing Mr.T.R.Janarthanan, the learned Additional Government Pleader submits that he has no instruction. It is an admitted case that the petitioner has been transferred from the office of third respondent and working under the control of fourth respondent. Therefore, I do not find any impediment to direct the third respondent to issue relieving order and also the last pay certificate certifying the last drawn salary to the petitioner. Accordingly, the third respondent is directed to issue relieving order and also the last pay certificate to the petitioner, within a period of two weeks from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Chief Engineer (General), Public Works Department, Chepauk, Chennai - 5. 2.The Executive Engineer, Public Works Department, Water Resource Organisation, Special Project Division, Ambasamudram, Tirunelveli Distrit. 3.The Assistant Executive Engineer, Public Works Department, Planning and Designing (Sub Division), Paramakudi. 4.The Assistant Executive Engineer, Public Works Department, Special Project Sub Division No.2, Ambasamudram, Tirunelveli District srm rl/5c – 20.10.2011 W.P.(MD).No.11210 of 2011 11.10.2011 https://hcservices.ecourts.gov.in/hcservices/