The petitioner, an Assistant Executive Engineer, working in Tiruchirappalli Municipal Corporation, has challenged the order of transfer issued by the Government in G.O. (D) No. 30, MA & WS Department, dated 2. 2009, transferring from Municipal Corporation to a Municipality.

2. Facts leading to the writ petition are as follows:

The petitioner was appointed as Junior Engineer in the Municipal service on 11. 1988 and he worked in various municipalities. During 1994, the Government have upgraded Tiruchirappalli Municipality along with three other Municipalities as Municipal Corporation. The petitioner was absorbed in Tiruchirappalli City Municipal Corporation and thereafter, promoted as Assistant Executive Engineer in the year 2007 and posted in Golden Rock Zone of Tiruchirappalli Corporation. While so, the Secretary to the Government, Water Supply Department, first respondent, issued orders in G.O. (D) No.542, MA & WS Department, dated 212. 2008, transferring the petitioner from Tiruchirappalli City Municipal Corporation to Municipal Service and posted him in the Office of the Regional Director of Municipal Administration, Tirunelveli, as Assistant Executive Engineer. The said order was challenged in W.P .No.285 of 2005 and while entertaining the Writ petition, this court in M.P. No.2 of 2009, dated 20.1.2009, has granted interim stay. When the said Writ petition was pending, the first respondent suo moto cancelled the order of transfer, dated 212. 2008 and issued another Order in G.O. (D) No. 30, MA & WS Department, dated 2. 2009 in exercise of its powers, under Section 116(1)(d) of the Coimbatore City Municipal Corporation Act, 1981 and Section 73-A(1) of the Tamil Nadu District Municipalities Act, 1920, transferring him to Arani Municipality as Municipal Engineer, Grade II. Aggrieved by the same, the petitioner has preferred the present Writ Petition.

3. The Commissioner, Tiruchirappalli City Municipal Corporation, third respondent herein, in his counter affidavit, has submitted that the Government in G.O.Ms. No. 542, MA & WS Department, dated 212. 2008, issued orders, transferring and posting the petitioner to the office of the Regional Director of Municipal Administration, as Assistant Executive Engineer, in which, it was clearly indicated that the said order of transfer is for conducting a free and fair enquiry initiated against him with regard to the disproportionate assets to the known sources of income. Accordingly, the petitioner was relived from the duties on the Forenoon of 1. 2009. In the meanwhile, the Director of Municipal Administration, in his proceedings, dated 1. 2009, has issued orders, transferring Mr. V. Balagangadharan, Assistant Executive Engineer (TSUNAMI) of Vedharanyam Municipality as Assistant Executive Engineer in Tiruchirappalli City Municipal Corporation on deputation basis in the vacant post due to the transfer of the petitioner to the Office of the Regional Director, Tirunelveli, on the ground of disbandment of the post of Assistant Executive Engineer under TSUNAMI Scheme. Accordingly, the said Mr. V. Balagangadharan, Assistant Executive Engineer was permitted to join duty on deputation basis, vide proceedings, dated 1. 2009.

4. The third respondent has further submitted that in the mean while, the petitioner filed W.P.No.285 of 2009 before this Court, challenging G.O. Ms. No. 542, MA & WS Department, dated 212. 2008, on the ground inter alia that the Government have got powers only to transfer an officer or employee of the Corporation to any Municipality and vice versa as per Section 73-A of the Tamil Nadu District Municipalities Act, and cannot transfer an officer or employee of the Corporation to Government service (viz., the Regional Directorate of Tirunelveli). In the above writ petition, this Court, by order, 20.1.2009, has granted interim stay. Consequently, the Government in G.O. (D) No. 30, Municipal Administration and Waster Supply Department, dated 2. 2009, cancelled the earli