1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.7838 of 2011 And M.P.(MD).Nos. 1 & 2 of 2011 N.Baskaran ... Petitioner -Vs- 1. The Managing Director Tamil Nadu State Marketing Corporation Ltd., (TASMAC) CMDA Tower II, 4th Floor Egmore Chennai 2. The General Manager (W & A) Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Madurai 3. The Senior Regional Manager Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Madurai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned order of proceeding No.M1/4517/2011, dated 30.06.2011, issued by the first respondent and quash the same and consequently, direct the respondents to retain the petitioner in TASMAC, IMFS Depot, Sivagangai. For Petitioner : Mr.G.R.Swaminathan For Respondents : Mr.S.Chandrasekar Government Advocate for Mr.K.Mahendran Special Government Pleader O R D E R Challenge in this Writ Petition is to an order, dated 30.06.2011 passed by the Managing Director, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Chennai, the first respondent herein, by which, in an earlier order, dated 29.05.2011 issued by the Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Madurai, transferring a sanctioned post of Record Clerk, TASMAC, Virudhunagar to TASMAC, IMFS Depot, Sivagangai, has been cancelled. . https://hcservices.ecourts.gov.in/hcservices/ 2 2. Assailing the correctness of the order and inviting the attention of this Court to the order, dated 29.05.2011, passed by the Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Madurai, Mr.G.R.Swaminathan, learned counsel for the writ petitioner submitted that both IMFS Depot, Virudhunagr and IMFS Depot, Sivangangai, come within the jurisdiction and control of the third respondent as a controlling authority, he has jurisdiction to transfer an employee from one place to another and therefore, there is no illegality in the order dated 29.05.2011, transferring the petitioner from IMFS Depot, Virudhunagr to IMFS Depot, Sivangangai. He also submitted that pursuant to the order, dated 29.05.2011 stated supra, the petitioner has been relieved and that he has also joined IFMS Depot, Sivagangai and in such circumstances, there is no justification in cancelling the earlier order. 3. Though the learned counsel for the petitioner submitted that the Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Madurai, under whose control both IMFS Depot, Virudhunagr to IMFS Depot, Sivagangai are stated to be functioning and therefore, he has jurisdiction to transfer the employee from one place to another. Perusal of the impugned order, dated 30.06.2011 passed by the Managing Director, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Chennai, the first respondent herein, shows that the third respondent has no authority to transfer a sanctioned post of Record Clerk from IMFS Depot, Virudhunagr to IMFS Depot, Sivagangai. Power to transfer an employee working under his control from one place to another, is different from transferring the post itself. Sanction to a post is accorded by the Government, taking into consideration, the need for such post in a Department and the cadre strength cannot be altered by transferring the said post, by a controlling officer, unless he is given the authority to do so. No materials have been placed before this Court to substantiate that he is empowered to transfer a sanctioned post from one place to another. 4. In the above said circumstances, there is no manifest illegality in the impugned order, and that the petitioner has no legal or statutory right to seek for issuance a Writ. Hence, the Writ Petition is dismissed. Consequently, connected Miscellaneous Petitions are also dismissed. No costs. Sd/- Assistant Registrar(W) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Managing Director Tamil Nadu State Marketing Corporation Ltd., (TASMAC) CMDA Tower II, 4th Floor Egmore Chennai 2. The General Manager (W & A) Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Madurai 3. The Senior Regional Manager Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Madurai vsg rl/4c – 26.7.2011 W.P.(MD).No.7838 of 2011 And M.P.(MD).Nos. 1 & 2 of 2011 15.07.2011 https://hcservices.ecourts.gov.in/hcservices/