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2013 DIGILAW 478 (MAD)

T. S. Syed Akbar v. Chief Engineer, Public Works Department, Water Resources Organization, Trichy

2013-01-22

R.SUDHAKAR

body2013
Judgment 1. This Writ Petition is filed praying to issue a Writ of Certiorari, calling for the records of the first respondent pertaining to the impugned order dated 3.8.2011 made in Ka.No.C4/9568/2011 and quash the same as illegal. 2. Heard M/s. A. Arulmozhi, learned counsel appearing for the petitioner and Mr. N. Srinivasan, learned Additional Government Pleader appearing for the respondents. 3. The writ petition has been filed challenging the transfer order dated 3.8.2011. At the time of admission, by order dated 23.8.2011, this court granted interim stay of the transfer order. 4. It is stated by respondents that the interim stay was granted after relieving the petitioner who was on prolonged leave. 5. Whatever be the situation, today when the matter is called, the petitioner is present in court and undertake to discharge his duties promptly and without causing any embarrassment to the senior officers. An affidavit has been filed by the petitioner undertaking to maintain good conduct and obey the lawful instructions of his superiors. The affidavit dated 22.1.2013 is taken on record. 6. The third respondent Executive Engineer is present in court in response to the request made by this court and has explained the situation which caused the transfer. However, the said officer states that he will abide by any direction that will be issued by this court. In view of the malignancy, which the petitioner's wife is suffering, the authority is willing to consider posting the petitioner at Sarabangabasin Sub Division, Attur, Salem District in the office of the Assistant Executive Engineer, Public Works Department, Water Resources Organization. To this suggestion, the petitioner is agreeable. 7. In view of the above, the first respondent Chief Engineer is directed to issue necessary orders posting the petitioner at Sarabangabasin Sub Station, Attur, Salem District in the office of Assistant Executive Engineer, Public Works Department, Water Resources Organization with immediate effect on receipt of a copy of this order. This order is passed by consent of both sides. The petitioner without further delay should join in the newly posted place as and when the order is received. 8. The co-operation extended by the third respondent Executive Engineer is appreciated and recorded. 9. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed.