M MURALI Vs. CHAIRMAN TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) (Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the first respondent vide Memo No.PNT-1/20813/08 dated 10.07.2008 and to quash the same.) By consent of all the parties, the writ petition is taken up for final disposal.

(2.) THE petitioner, who has been working in Tamil Nadu Housing Board, challenges the order of transfer issued by the first respondent on two folds i. the petitioner belongs to 'Group D' cadre and a person in such cadre is not liable to be transferred. ii. the order has been issued due to mala fide of the second respondent who has prevailed on the first respondent to pass the orders.

(3.) THE learned counsel for the petitioner does not seriously dispute the Grade "C" status, having regard to the documentary proofs adduced by the respondents. Mr. Vijayakumar, learned counsel appearing for the petitioner however, argues strenuously that the petitioner had been transferred only because the petitioner is being an office bearer of "Pattali Labour Association" and because of the phamlets which issued after the office hours. THE contention of the petitioner is that the second respondent had adopted the vindictive attitude to punish the employees attached to a particular party, at the instance of the ruling party Union. He referred to the particular hints since when he given a call for 'Dharna' on 10.07.2008 and arrange for a gate meeting outside the office premises, the impugned order of transfer was passed on the same date i.e., on 10.07.2008 to be posted to Thirunelveli Housing Unit for the existing vacancy. THE proximate of time to the date of proposed meeting and the order of transfer would clearly indicate the mala fide on the part of the respondents. According to him, he had been transferred to K.K.Nagar Division, to the high level Committee section only very recently on 04.01.2007 and he had worked hardly for ninth months before he received another order of transfer.