1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2011 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No. 11681 of 2011 A.K.Nagarajan ... Petitioner Vs. 1. The Deputy Director (Administration) Department of Fire and Rescue Service, South Zone, Madurai - 1. 2.The Divisional Officer, Department of Fire and Rescue Service, Virudhunagar. 3.The Divisiional Officer, Department of Fire and Rescue Service, Theni. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to consider and pass order on the petitioner's representation dated 8.6.2011 to transfer the petitioner from Kadamalaikundu Fire Station, Theni District to Thiruchuli Fire Station, Virudhunagar District and pass such further or other orders as this Court may deem fit. For Petitioner : Mr. V.Kannan For Respondents : Mr.T.R.Janarthanam Additional Government Pleader O R D E R The writ petitioner A.K.Nagarajan has filed the present Writ Petition seeking a writ of mandamus to direct the first respondent-the Deputy Director (Administration), Department of Fire and Rescue Service, South Zone Madurai -1 to consider and pass order on the petitioner's representation dated 8.6.2011 to transfer him from Kadamalaikundu Fire Station, Theni District to Thiruchuli Fire Station, Virudhunagar District on the basis of the recommendation made by the second respondent-the Divisional Officer, Department of Fire and Rescue Service, Virudhunagar and also on the basis of No Objection Certificate issued by the third respondent-the Divisional Officer, Department of Fire and Rescue Service, Theni. 2. The case of the petitioner is that he has joined the respondent department on 1.6.2001 as a Station Fire Officer through Tamil Nadu Public Service Commission Group-II, Examination and he was posted at Kallikudi Fire Station, Madurai Division. After working in the said place from 1.6.2001 to 5.4.2005, he was transferred to Manamadurai Fire Station, Ramnad-Sivagangai Division and he joined there on 6.4.2005 and again he was transferred to Thuvarankurichi and after several transfer, https://hcservices.ecourts.gov.in/hcservices/ 2 he has come to the present place Kadamalaikundu, Theni District. 3. The grievance of the petitioner is that his wife is also working in Government Higher Secondary School at Kattanur, Virudhunagar District for the past ten years. While so, the first respondent transferred the petitioner to Thuvarankurichi from Manamadurai by order dated 29.4.2010 passed in Na.Ka.No.1835/AA/2010 dated 29.4.2010 and subsequently, he was transferred to Thiruchuli on 15.5.2010 and again he was transferred to Kadamalaikundu by the first respondent on 15.9.2010 which is 160 km away from his earlier station. In view of his transfer, the petitioner was not able to take care of the children's education though his wife is working as a teacher. On that basis, he made representation dated 8.6.2011 to the first respondent giving his request transfer to transfer him to Virudhunagar District so that he could join his family at Kattanur Virudhunagar District where his children are also studying at Aruppukottai. When the petition seeking transfer was sent by the first respondent to the second respondent in letter No 3758/E/2011 dated 22.7.2011 the second respondent in his circular memo dated 25.7.2011 verified the genuineness of the petitioner's request and also gave a recommendation to consider his genuine request transfer. Subsequently, the third respondent has also gave No Objection Certificate on 2.8.2011 in his proceedings in Na.Ka. No. 910/Aa/2010 on the ground that his children are studying at Aruppukottai. 4.In spite of No Objection Certificate and the recommendation made by the respondents 2 and 3, the petitioner's representation has not been considered. On that basis,he prayed for issuing a direction to the respondent to consider and pass orders on the representation dated 8.6.2011. 5. The Additional Government Pleader appearing for the respondents submits that it is not known whether any vacancy is available so as to accommodate the petitioner in the place where he wanted to be posted. However, when the petitioner's request was already considered through the proper verification by the second respondent and thereafter, the third respondent has given No Objection Certificate, hence, this Court is inclined to give a direction to the first respondent to consider and pass order on the basis of the recommendation made by the second respondent and No Objection Certificate issued by the third respondent by keeping in mind that husband and wife would be posted at one place in terms of G.O. Ms. No. 10 Personnel and Public Administration dated 7.1.1994 and also by keeping in mind the Rule 39(1) of Chapter IV of Tamil Nadu Fire Service Rule which states that generally if the husband and wife are working in Government Service, they may be allowed to work in the same place. 6.The order passed in W.P. No. 12101 of 2010 dated 23.9.2010 shows that the petitioner on an earlier occasion came to this Court by filing the above said Writ Petition challenging the order of Transfer dated 15.9.2010, this Court by saying that the petitioner has already suffered the departmental proceedings initiated against him under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules for the grave charge only to give him opportunity to correct himself the said order of transfer was passed and on that basis, this Court declined to interfere with the previous transfer order dated 15.9.2010. Therefore, it is made clear that if there is any disciplinary proceeding pending, the said disciplinary proceeding will also be kept in mind. https://hcservices.ecourts.gov.in/hcservices/ 3 7.With the above observation, this Writ Petition stands disposed off. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS) To, 1. The Deputy Director (Administration)Department of Fire and Rescue Service,South Zone, Madurai – 1. 2.The Divisional Officer,Department of Fire and Rescue Service, Virudhunagar. 3.The Divisiional Officer,Department of Fire and Rescue Service,Theni. +1cc to special Government Pleader, SR.No.35489 +1cc to Mr.V.Kannan, Advocate, SR.No.35420 ses GH : 04.11.2011 : 3p/6c W.P.(MD)No. 11681 of 2011 12.10.2011 https://hcservices.ecourts.gov.in/hcservices/