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2015 DIGILAW 1285 (MAD)

K. Kannamani v. Deputy Director, Horticulture Department, Madurai

2015-03-04

K.RAVICHANDRA BAABU

body2015
Judgment :- 1. This writ petition is filed challenging the order of the first respondent dated 17.12.2014, whereby the petitioner was relieved from the post of Horticulture Officer, Madurai East, with effect from 17.12.2014. 2. The case of the petitioner is that without giving any posting order to another place of work, relieving the petitioner based on the earlier order dated 25.10.2013 passed by the Additional Director of Agriculture (Personnel Management), Chennai, cannot be sustained. 3. On the other hand, the learned Additional Government Pleader appearing for the respondents submitted that the petitioner was already transferred to Animal Husbandry Department, DLF, Eeachenkottai, Thanjavur District, by the proceeding dated 25.10.2013 as referred to supra and therefore, there is no formal transfer order is required. 4. Heard both sides. 5. It is not in dispute that the Additional Director of Agriculture, Chennai-5 passed an order on 25.10.2013 indicating that the petitioner and other persons are allotted to the District mentioned against each of them. However, in the very same order, it is made clear that such order was issued for issuing the consequential posting order. Such stand is made clear at paragraph 3 of the said order itself, wherein, the Joint Directors of Agriculture were requested to issue posting orders to the petitioner and others immediately. It is not the case of the respondents that subsequently posting orders were issued to the petitioner in pursuant to the above said order dated 25.10.2013. Therefore, till the posting order is issued as per the direction issued by the Additional Director of Agriculture in his proceedings dated 25.10.2013, the relieving order passed which is impugned in this writ petition cannot be sustained as it cannot stand independently on its own legs. Accordingly, I find that the impugned proceedings is liable to be set aside, however, with liberty to the respondents to issue posting order to the petitioner as per the proceedings dated 25.10.2013 issued by the Additional Director of Agriculture as stated supra. Needless to say that the petitioner having not challenged the above said proceedings is bound by the said proceedings. 6. Needless to say that the petitioner having not challenged the above said proceedings is bound by the said proceedings. 6. Accordingly, this Writ Petition is allowed and the impugned relieving order is set aside, however, with the liberty to the respondents to issue posting order to the petitioner as per the proceedings issued by the Additional Director of Agriculture dated 25.10.2013, within a period of four weeks from the date of receipt of a copy of this order. Till the posting order is issued to the petitioner, the petitioner is entitled to function in the place from where she is relieved. No cost. Consequently, connected Miscellaneous Petition is closed.