V RAMALINGAM Vs. MANAGING DIRECTOR, TAMIL NADU GOVERNMENT STATE TRANSPORT CORPORATION (SALEM) LTD & ORS

JUDGEMENT

(1.) Heard Mr.R.Vidhuthalai, learned Senior Counsel appearing for the appellant and Mr.P.Paramasivadoss, learned counsel appearing for the respondents/Transport Corporation.

(2.) This Writ Appeal is directed against the order of dismissal dated 26.07.2011 made in W.P.No.17424 of 2011, wherein the relief sought was to quash the proceedings of the second respondent vide No.E2/1236/TNSTC (Salem)/2011, dated 13.07.2011, in and by which, the petitioner was transferred from Vazhapadi to Erumapalayam-1 depot with a consequential direction to the respondents to permit the petitioner to continue in the same place.

(3.) According to the appellant/writ petitioner, he joined as a Casual Labourer in the respondent Corporation in Salem, Johnsonpettai J-1 Depot in the year 2006 and confirmed as a Driver (Staff No.3797) in the year 2007 and joined Vazhapadi Depot in 2007 under Salem Division. He is a member of Tamil Nadu Government Transport Corporation General Employees Munnetra Sangam affiliated to Labour Progressive Federation (LPF) floated by Dravida Munnetra Kazhagam (DMK) and is working without any blemish in his service record. To his shock and surprise, he found that from his salary, a sum of Rs.240/- was deducted towards subscription for the Anna Transport Sangam affiliated to the ruling party. When he raised an objection about deduction, he was threatened by the office bearers of the Anna Transport Sangam of Vazhapadi Depot. Therefore, at the instigation of the said Union, the appellant was transferred from Vazhapadi depot to Erumapalayam-I depot and was also relieved on the same day. It is the allegation of the appellant/Writ Petitioner that it is a clear case of malafide. Pleading that he has got school-going children, his aged parents are living with him and that the present depot where he is transferred is situated 70 kms away from his residence, the appellant/writ petitioner filed the above Writ Petition seeking transfer to the original depot.