1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.8292 of 2011 and M.P.(MD) Nos.1 & 2 of 2011 K.R.Subbiah : Petitioner Vs. 1.Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam. 2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, 51/1, Pillai Thanneerpandal, Thirumayam Road, Pudukottai-622 001. 3.P.Sankaran, General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, 51/1, Pillai Thanneerpandal, Thirumayam Road, Pudukottai-622 001. 4.S.Somasundaram, General Secretary, Anna Thozhir Sangha Peravai, Office of TNSTC (Kumbakonam) Ltd., Pudukkottai Region, 51/1, Pillai Thanneerpandal, Pudukkottai. 5.The Branch Manager, Aranthangi Branch, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Pudukkottai. : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records pertaining to the impugned order passed by the second respondent in Reference No.Tha.A.Po.Ka/Kumba/Pu.Ma./Pa.Pi.1/054/11 dated 13.07.2011 in transferring the petitioner from Aranthangi Branch to Ponnamaravathy Branch of the first respondent Corporation and quash the same. For Petitioner : M/s.A.Rahul For Respondents 1 to 3 : Mr.B.Pugalenthi Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER This writ petition has been filed challenging the impugned order passed by the second respondent in Reference No.Tha.A.Po.Ka/Kumba/Pu.Ma./Pa.Pi.1/054/11 dated 13.07.2011 transferring the petitioner from Aranthangi Branch to Ponnamaravathy Branch of the first respondent Corporation, which was passed solely on the ground of mala fide. 2. The learned Counsel appearing for the petitioner while explaining the mala fide would submit that the petitioner is working as a Conductor under the control of the second respondent and he is the Vice President of Labour Progressive Federation, Aranthangi unit. The Labour Progressive Federation was elected as a Sole Bargaining Agent in the election conducted on 25.11.2010. The said union was also recognised as a Sole Bargaining Agent by the Government of Tamil Nadu in G.O.Ms.No.359, Transport (C1) Department, dated 08.12.2010. As the said union was recognised one, it conferred with various privileges by the transport corporation including permission to use the Union office space given to them. While so, after the assembly elections were over, the members of the Anna Thozhil Sanga Peravai affiliated to new ruling party started interfering with the union activities of the LPF union. After some time, there was some problem which resulted in transfer of the petitioner. 3. By looking at the reasoning given to challenge the impugned order of transfer, this Court, while entertaining the writ petition, on 26.07.2011, has granted interim order. In the said order, it has been mentioned that a batch of writ petitions has been challenged by way of appeals. The said issue came to be seized by a Division Bench of this Court by granting an order of interim stay against the transfer, accordingly, this Court also granted the interim order of stay of the impugned order of transfer. With these background this matter was taken up. 4. The learned Counsel appearing for the petitioner would further contend that this is a typical case where out of malice, the petitioner has been transferred out from Aranthangi Branch to Ponnamaravathy Branch of the first respondent Corporation which is 80 kilometers from the original place. Since this would cause serious problem to his family, the petitioner has sought for quashing the said impugned order of transfer. 5. Though the said contention was heavily objected by the learned Special Government Pleader appearing for the Transport Corporation, after some arguments, it was suggested that the petitioner may be transferred to a nearby place instead of the present transferred place, namely, Ponnamaravathy. Accepting the said suggestion, the learned Counsel appearing for the respondents 1 to 3 by taking the matter passed over, took instructions from his client and submitted that the petitioner can be accommodated at https://hcservices.ecourts.gov.in/hcservices/ 3 Pattukottai Depot which is 40 kilometers from the petitioner's present working place i.e. Aranthangi. This has been accepted by both sides. 6. Considering the above submissions made by both counsels, this Court is inclined to direct the second respondent to modify the impugned order of transfer 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. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(A.S.) /True Copy/ Sub Assistant Registrar To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam. 2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, 51/1, Pillai Thanneerpandal, Thirumayam Road, Pudukottai-622 001. 3.The Branch Manager, Aranthangi Branch, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Pudukkottai. 4. Mr.P.Sankaran, General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukottai Region, 51/1, Pillai Thanneerpandal, Thirumayam Road, Pudukottai 622 001. Order made in W.P.(MD).No.8292 of 2011 Dated:- 04.11.2011 srm SMA/25.11.2011/5C/3P https://hcservices.ecourts.gov.in/hcservices/