High CourtsSingle Bench(2011) 04 MAD CK 0229

M. Lalitha and Others vs The Government of Tamil Nadu

Madras High Court · Decided on 6 April 2011

HON’BLE JUDGES
R. Sudhakar, J
CASE NUMBER
Writ Petition No. 17130 of 2008

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Judgment

16 paragraphs · 278 words

R. Sudhakar, J.—This Writ Petition has been filed to direct the Respondents to forthwith retransfer the Petitioners to Salem Municipal

Corporation in the post of Assistant Engineers/Junior Engineers and give them all attendant benefits such as increments, promotion to the post of

Assistant Executive Engineers in the existing vacancies in Salem Municipal Corporation.

2.

The Petitioners who were working in the Salem Municipal Corporation came under adverse notice due to some irregularities in the course of

employment and were transferred to different Municipality by G.O.(D) No. 241, dated 20.06.2005. They accepted the transfer. However,

disciplinary proceedings which were initiated against the Petitioners came to be dropped by the Government in G.O. (P) 442, dated 26.08.2010.

3.

Mr. AR.L. Sundaresan, learned senior counsel appearing on behalf of the Petitioners has submitted that criminal proceedings initiated were also

dropped and recorded by the competent Judicial Magistrate. He further submitted that since, the proceedings initiated against the Petitioners by the

department and in the Criminal proceedings have been dropped, they seek retransfer to the Salem Municipal Corporation with all attendant

benefits.

4.

The learned Additional Advocate General appearing on behalf of the third Respondent has submitted that as far as the retransfer to the third

Respondent corporation is concerned, the authorities will consider the same on receipt of a copy of this order. However, insofar as the relief

regarding the increments, promotion, etc., the case of the Petitioners will be considered in accordance with the provisions of law and also as per

the service records.

5.

Recording the submission made by the learned Additional Advocate General appearing for the third Respondent as above, the Writ Petition is

disposed of. No costs.