1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.12336 of 2011 and M.P.(MD) Nos.1 and 2 of 2011 A.Senthilkumar : Petitioner Vs. 1.The Tamil Nadu State Transport Corporation Rep. by the General Manager, Tamil Nadu State Transport Corporation, Milaguparai, Trichy. 2.Marimuthu, General Manager, Tamil Nadu State Transport Corporation, Trichy. 3.The Branch Manager, Tamil Nadu State Transport Corporation, Thuraiyur - 621 010. 4.Mohan, Branch Manager, Tamil Nadu State Transport Corporation, Thuraiyur - 621 010. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records on the file of the respondents 1 and 3 in connection with the order passed by them in their Proc. Ref.Tha.A.Po.Ka./Trichy/Pa Bi-B3/369/2011, dated 13.09.2011 and Ref. Tha.A.Po.Ka./Branch Turaiyur dated 15.09.2011 respectively and quash the same. For Petitioner : Mr.R.Singaravelan for M/s.D.Selvanayagam For Respondents : Mr.T.R.Janarthanan Additional Government Pleader for Transport https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER ****** The present writ petition has been filed by A.Senthilkumar seeking for the issuance of a Writ of Certiorarified Mandamus calling for the records on the file of the respondents 1 and 3 in connection with the order passed by them in their Proc. Ref.Tha.A.Po.Ka./Trichy/Pa Bi-B3/369/2011, dated 13.09.2011 and Ref. Tha.A.Po.Ka./Branch Turaiyur dated 15.09.2011 respectively and quash the same. 2. The learned Counsel appearing for the petitioner submits that the petitioner has joined as Driver on 25.04.2001 and from the date of appointment he has been working in Thuraiyur. While so, the petitioner was transferred by the first respondent during the middle of the academic year with a view to victimise him on a presumption that he has instigated one third party to seek information under the Right To Information Act regarding the allotment of duty of seven drivers working in Thuraiyur Depot, who were kept in the Depot without assigning any duty under the guise of giving light duty. 3. When the matter came up for admission on 29.10.2011, this Court directed the learned Additional Government Pleader, who has taken notice for the respondents, to find out if there is any vacancy available in a nearby place to accommodate the petitioner since the order of transfer has been issued during the middle of the academic year. Today, the learned Additional Government Pleader appearing for the respondents, on instructions, would submit that there is a vacancy in Theeran Nagar at Trichy which is 45 kilometers away from Thuraiyur. If the petitioner agrees, he would be accommodated in the said place from tomorrow onwards. 4. The learned Counsel appearing for the petitioner, on instructions, would submit that the petitioner is agreed to join in the said place from tomorrow onwards. 5. Considering the consent given by both sides, this Writ Petition is disposed of and the impugned orders passed by the first and third respondents are set aside. No costs. Consequently, connected miscellaneous petitions are closed. Further, the first respondent is directed to post the petitioner at Theeran Nagar, Trichy and permit him to work as a Driver from 03.11.2011 onwards. Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The General Manager, Tamil Nadu State Transport Corporation, Milaguparai, Trichy. 2.The Branch Manager, Tamil Nadu State Transport Corporation, Thuraiyur - 621 010 +One Cc to The Spl Govt Pleader, SR.No.37903 srm rl/4c – 16.11.2011 Order made in W.P.(MD).No. 12336 of 2011 https://hcservices.ecourts.gov.in/hcservices/