P CHELLAPANDIAN Vs. CHAIRMAN AND PRINCIPAL SECRETARY TO THE TAMIL NADU GOVERNMENT FOR ADI DRAVIDAR AND TRIBAL WELFARE SECRETARIAT FORT ST GEORGE CHENNAI

JUDGEMENT

(1.) THE writ petition is filed to quash the order of the second respondent dated 28.1.2010 in proceedings No.A3/8630/08-1 as illegal, incompetent and without jurisdiction.

(2.) THE petitioner herein joined the office of the first respondent during 1989 as Assistant Engineer, Tirunelveli and was periodically promoted to the post of Executive Engineer and was working so at Tiruchirapalli Division. While so, he was by an order dated 21.2.2010 transferred to Tirunelveli Division and the petitioner challenged the same by way of writ petition in WP.(MD) No.961 of 2010 as unwarranted and without jurisdiction and obtained interim stay. When the same was brought to the notice of the respondents, the same was followed by two orders dated 15.2.2010 and 16.2.2010 keeping the order of transfer in abeyance and posting another person to take full additional charge of Executive Engineer, Tiruchirapalli Division which was held by the petitioner before the order of transfer. THE same was also followed by another order dated 3.3.2010 calling upon the petitioner to explain his reasons for not joining duty in Tiruchirapalli Division. In pursuance of the same, the petitioner joined the duty in Tiruchirappali Division on 8.3.2010 and the same was intimated to the second respondent. While so, the petitioner was served with the order of the second respondent dated 28.1.2010 in his proceedings A3/8630/08-1 which is impugned herein de-promoting the petitioner from the post of Executive Engineer to Assistant Engineer.

(3.) HEARD the rival submissions made on both sides and perused the materials available on record.