1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA and THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Appeal(MD)No.959 of 2011 S.Leelavathi .. Petitioner/Appellant Vs. 1.Engineer-in-Chief W.R.O. & Chief Engineer (General), Public Works Department, Chepauk, Chennai-5. 2.The Chief Engineer, Public Works Department, W.R.O., Madurai Region, Thallakulam, Madurai-2. 3.The Superintending Engineer, Public Works Department, W.R.O., Periyar Basic Circle, Thallakulam, Madurai-2. 4.The Executive Engineer, Public Works Department, W.R.O., Periyar Main Canal Division, Melur, Madurai District. .. Respondents/Respondents Appeal filed under Section 15 of Letters Patent, against the order dated 08.09.2011 passed by this Court in W.P.(MD)No.9404 of 2011. PRAYER IN W.P.(MD)No.9404 of 2011 Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari, to call for the records relating to Letter No.S1(1)/20206/2011-186, dated 18.08.2011 of the first respondent and quash the same. For Petitioner : Mr.Shiva Ayyappan for Mr.N.Karthik Kanna For Respondents : Mr.K.Mahendran, Special Government Pleader JUDGMENT (Judgment of the Court was delivered by K.N.BASHA, J.) This writ appeal is preferred against the order of the writ Court dated 08.09.2011 dismissing the writ petition filed by the appellant in in W.P.(MD)No.9404 of 2011, challenging an order of transfer. 2.Mr.Shiva Ayyappan, the learned counsel for the petitioner would submit that the petitioner who is now working as Assistant Executive Engineer, has been transferred from Madurai city to Manamadurai, i.e., to Lower Vaigal Special Projects Sub-Division No.3, Madurai. It is contended that though it is mentioned as Madurai Sub-Division, the petitioner has been posted to work in a site office at Manamadurai and as such, the petitioner has been constrained to challenge the transfer order. It is further contended that the petitioner has to take care of her children and aged parents and it would be very difficult for her to shift to Manamadurai during the middle of the academic year. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Per contra, Mr.K.Mahendran, the learned Special Government Pleader would submit that the petitioner has been transferred only within the city of Madurai, and the post to which the petitioner has been transferred is situated in the very next building of the present place, where the petitioner is working. It is further contended that the petitioner is all along working in and around Madurai right from the year 2003, and as such, she may not have any grievance. It is contended that absolutely there is no mala fide intention on the part of the Department to transfer the petitioner. 4.We have carefully considered the rival contentions put forward on either side and perused the impugned order of transfer dated 18.08.2011 and the order of the writ Court dated 08.09.2011. 5.A perusal of the impugned order of transfer dated 18.08.2011 makes it crystal clear that the petitioner who is now working as Assistant Executive Engineer at Periyar Main Canal Sub-Division II, Melur Division, Madurai District, has been transferred to Lower Vaigai Special Projects Sub-Division No.3, Madurai. It is pertinent to note that even in the counter filed in the writ petition, the first respondent has categorically stated that the respondents have no intention to transfer her outside Madurai. Added to such specific and categorical statement even in the counter filed in the writ petition, Mr.K.Mahendran, learned Special Government Pleader, would also submit before this Court that the petitioner has been transferred only within the city of Madurai and the office itself is situated in the very next building to the present place where the petitioner is working as on date. 6.Recording the said statement made by the learned Special Government Pleader, as well as the specific categorical statement made in the counter to the effect that the petitioner has been shifted only within the city of Madurai, the writ appeal is disposed of. No costs. SD ASST REGISTRAR ( AS ) /TRUE COPY/ SUB ASST REGISTRAR KM To 1.The Engineer-in-Chief W.R.O. & Chief Engineer (General), Public Works Department, Chepauk, Chennai-5. 2.The Chief Engineer, Public Works Department, W.R.O., Madurai Region, Thallakulam, Madurai-2. 3.The Superintending Engineer, Public Works Department, W.R.O., Periyar Basic Circle, Thallakulam, Madurai-2. 4.The Executive Engineer, Public Works Department, W.R.O., Periyar Main Canal Division, Melur, Madurai District. 1CC TO THE SPL. GOVT PLEADER SR: 44316: DM:2011:DEC:22:: W.A.(MD)No.959 of 2011 16.12.2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/