IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.02.2010 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE T.MATHIVANAN Writ Petition Nos.3299 & 3300 of 2010 and M.P.Nos.1 & 2 and 1 & 2 of 2010 M.Durairaj ..Petitioner in W.P.3299 of 2010 B.Murugan ..Petitioner in W.P.3300 of 2010 Vs. 1. The District Collector, Perambalur. 2. The Divisional Engineer, Highways Department, Ariyalur Division, Ariyalur, Ariyalur District. 3. The Principal District Judge, Perambalur District Court, Perambalur. .. Respondents in both the W.Ps Prayer in W.P.No.3299 of 2010 The writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records on the file of the 1st respondent in connection with the orders passed by him in his Na.Ka.No.A4/10785/04 dated 4.5.04 and the order passed by the 3rd respondent in his Roc.No.18/2004(A1) dated 17.5.04 and Na.Ka.N.A.(2008) dated 15.2.08 and quash the same to the extent of the petitioner alone and direct the respondents to consider the claim of the petitioner for retransfer to any of the existing or immediate future vacancies in the post of the Office Assistant in Ariyalur Highways Division, Ariyalur District and retransfer him. https://hcservices.ecourts.gov.in/hcservices/ Prayer in W.P.No.3300 of 2010 The writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records on the file of the 1st respondent in connection with the orders passed by him in his Proc.Na.Ka.A4/6803/2006 dated 26.07.2006 and Proc.Na.Ka.A4/32017/2007 dated 10.10.07 and the order passed by the 3rd respondent in his Roc.No.7/2007 dated 23.10.07 and Na.Ka.N.A. (2008) dated 15.2.08 and quash the same to the extent of the petitioners alone and direct the respondents to consider the claim of the petitioners for retransfer to any of the existing or immediate future vacancies in the post of the Office Assistant in Ariyalur Highways Division, Ariyalur District and retransfer him. For Petitioners : Mr.R.Singaravelan in both For Respondents : Mrs. Malarvizhi Udayakumar, in both Govt.Advocate. COMMON ORDER (Order of the Court was made by M.CHOCKALINGAM, J.) This judgment shall govern these two writ petitions seeking the following relief: "To issue Writs of Certiorarified Mandamus (i) to call for the records on the file of the 1st respondent in connection with the orders passed by him in his Na.Ka.No.A4/10785/04 dated 4.5.04 and the order passed by the 3rd respondent in his Roc.No.18/2004(A1) dated 17.5.04 and Na.Ka.N.A.(2008) dated 15.2.08 and (ii) to call for the records on the file of the 1st respondent in connection with the orders passed by him in his Proc.Na.Ka.A4/6803/2006 dated 26.07.2006 and Proc.Na.Ka.A4/32017/2007 dated 10.10.07 and the order passed by the 3rd respondent in his Roc.No.7/2007 dated 23.10.07 and Na.Ka.N.A.(2008) dated 15.2.08 respectively and quash the same to the extent of the petitioners alone and direct the respondents to consider the claim of the petitioners for retransfer to any of the existing or immediate future vacancies in the post of the Office Assistant in Ariyalur Highways Division, Ariyalur District and retransfer them." 2. It is not in controversy that both these petitioners were appointed as Office Assistants on compassionate ground in the https://hcservices.ecourts.gov.in/hcservices/ Highways Department and they were serving so. When they were found to be surplus, a list was prepared and sent to the Judicial Department for appointing them in the Judicial Department. Following the same, both these petitioners were appointed as Office Assistants in the Judicial Unit in Perambalur District and subsequently, on 15.2.2008, they were promoted to the post of Process Server and till date, they are serving so. These writ petitions have been brought forth seeking re-transfer of the petitioners to the Highways Department where they were working earlier to fit them in the existing vacancy or in the vacancy which might arise in future in the Ariyalur Highways Division. 3. The Court heard the learned counsel for the petitioners who reiterated the request as found in the writ petitions. The Court heard the learned counsel for the respondent State. 4. It is not in controversy that both the petitioners were appointed as Office Assistants in the Highways Department. While so, the District Collector, Perambalur has forwarded a list of surplus Office Assistants including the petitioners to Principal District Judge, Perambalur for their appointment. It is not the case of the respondent State that it was a combined cadre posting with the State Government. The Judicial Department has nothing to do with the Highways Department. The preparation of such a list and sending them to the Principal District Judge for appointing them to any one of the post available in the Judicial Department was the one which should not have been made. However, the earlier appointments made by the District Judge, pursuant to the sending of the list by the District Collector, is not the subject matter of challenge. What is required by the petitioners is to re-transfer them to the Highways Department where they have worked. In this regard, they have also given a representation dated 23.12.2009. 5. Under such circumstances, the Court feels that there cannot be any impediment for issuing a direction to the second respondent/ Divisional Engineer, Highways Department, Ariyalur Division, to consider the representation of the petitioners dated 23.12.2009 and disposed it of as and when vacancy arises and accordingly, a direction is issued. The writ petitions are disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. vsi https://hcservices.ecourts.gov.in/hcservices/ To 1. The District Collector, Perambalur. 2. The Divisional Engineer, Highways Department, Ariyalur Division, Ariyalur, Ariyalur District. 3. The Principal District Judge, Perambalur District Court, Perambalur. + 1 cc to the Govt., Pleader, High Court, Madras. SR 11918 + 2 ccs to Mr.R.Singaravelan, Advocate, Sr 11674 W.P.Nos.3299 and 3300 of 2010 LA (CO) RH (4.3.10) https://hcservices.ecourts.gov.in/hcservices/