1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY W.A.(MD).No.225 of 2011 and M.P.No.2 of 2011 M.Pushpakaran : Appellant/Petitioner Vs. 1.The Commissioner, Employment and Training, Guindy, Chennai 32. 2.The Joint Director (Handicraft Training), Employment and Training, Guindy, Chennai 32. 3.The Regional Joint Director, Employment and Training, No.15, Salai Street, Vannarpet, Tirunelveli Street. 4.The Government Industrial Training Institute, Represented by its Principal, Thiruchendur, Tuticorin District. : Respondents/Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 21.07.2010 made in W.P.(MD).No.9334 of 2010 on the file of this Court. WP(MD)No.9334 of 2010 PRAYER : Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus to call for the records of the 2nd respondent in his proceedings in br.K.Miz/vz;/ 316/bjhEg1/2009 dated 1.6.2010 and quash the same as devoid of merits and direct the respondents to allow the petitioner to continue to work in the same Department as Assistant Training Officer (Mechanical) in the 4th respondent Institute. For Appellant : Mr.N.Sudharsan For Respondents : Mr.R.Janakiramalu Special Government Pleader JUDGMENT [Judgment of the Court was delivered BY K.SUGUNA, J] This Writ Appeal is filed challenging the order dated 21.07.2010 passed in W.P.(MD).No.9334 of 2010. 2. The said Writ Petition was filed challenging the order dated 01.06.2010, whereby in the same institution, the appellant was transferred from the post of Assistant Training Officer (Mechanical Maintenance) to the post of Assistant Training Officer (Turner). The learned Single Judge of this Court, by order dated 21.07.2010, had dismissed the said Writ Petition. Challenging the same, the present Writ Appeal is filed. https://hcservices.ecourts.gov.in/hcservices/ 2 3. According to the learned counsel for the appellant, as per the impugned order dated 01.06.2010, in the promotion vacancy, the appellant was posted as Assistant Training Officer (Turner). According to the learned counsel for the appellant, instead of posting the appellant as Assistant Training Officer (Tuner), retaining him as Assistant Training Officer (Mechanical Maintenance), the vacancy in the post of Assistant Training Officer (Tuner) could have been filled up. Apart from this, according to the learned counsel for the appellant, on an earlier occasion, when the appellant was posted as Assistant Training Officer (Turner), complaints were made, and therefore, if again the appellant is posted as Assistant Training Officer (Turner), it will be against the interest of the appellant. 4. We have considered the above submissions. 5. It is not disputed by the learned counsel for the appellant that as far as the above two posts are concerned, as rightly held by the learned Single Judge, they are interchangeable. Apart from this, there is no loss of emolument and the educational qualification for the said two posts is one and the same and there is no loss of status. In the same cadre, from the post of Assistant Training Officer (Mechanical Maintenance), the appellant has been posted as Assistant Training Officer (Turner). Apart from this, initially, the appellant was posted only as Assistant Training Officer (Turner). The said fact is also not disputed by the learned counsel for the appellant. When his initial appointment was Assistant Training Officer (Turner), the stand of the learned counsel for the appellant that he cannot handle the subject of Assistant Training Officer (Turner) cannot be accepted. 6. In view of the above, we do not find any legal infirmity in the order of the learned Single Judge. Therefore, the order dated 21.07.2010 passed in W.P.(MD).No.9334 of 2010 is confirmed and the Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar(CS) To 1.The Commissioner,Employment and Training, Guindy, Chennai 32. 2.The Joint Director (Handicraft Training), Employment and Training, Guindy, Chennai 32. 3.The Regional Joint Director, Employment and Training, No.15, Salai Street, Vannarpet, Tirunelveli Street. 4.The Principal, The Government Industrial Training Institute, Thiruchendur, Tuticorin District. +1 CC to the Special Government Pleader, SR.No.15532 NB JUDGMENT MADE IN W.A.(MD).No.225 of 2011 26.04.2011 TR : 09.06.2011 : 2p/6c https://hcservices.ecourts.gov.in/hcservices/