O R D E R

This Writ Petition has been filed to quash the order passed by the second respondent in Memo No.052615/G11/G.111/2023-24 dated 22.05.2023 and to direct the respondents to confer all consequential service and monetary benefits to the petitioner.

2. The Petitioner was appointed as Contract Labourer in the Respondents Board and was absorbed as Mazdoor (Trainee) during the year 2012 and thereafter appointed as Mazdoor during the year 2014. In the year 2016 he was appointed as Assistant Engineer (Electrical) and posted in Mecheri O & M Section. After completion of three year he was transferred to Kunjandaiyur O & M Section as Assistant Engineer, where he joined on 28.08.2020. However, he has been transferred on 07.08.2021 to North Chennai. He has challenged the said transfer order in W.P.No.26329 of 2021. This Court has granted interim order on 13.12.2021. Since the petitioner has filed the writ petition against his superiors, they have vengeance against him. The Petitioner, in fact had given a complaint to the Vigilance Department alleging corrupt practices of superior officers. Therefore, the superior officers continued to have a grudge against the Petitioner. Therefore, once again he was served with an transfer order dated 24.06.2022. However the said transfer order dated 24.06.2022 was cancelled on 30.06.2022. From 01.07.2022 the petitioner is continuously working in Kunjandaiyur O & M Section. However, the Petitioner has been once again transferred to North Chennai Thermal Power Station on 02.05.2023. Hence it is the contention that the entire transfer is punitive with motive.

3. The 4th Respondent filed a Counter denying the entire allegation. The Petitioner is in the habit of harassing the consumers and several complaint have been received against him. Therefore, the Superintending Engineer, Mettur EDC has posted the petitioner from Kunjandiyur to Poolampatti which is just 20 km. away due to the harassment of consumers. But the Petitioner instead of joining the said place has brought pressure on the superiors and got the same cancelled and continue to remain at Kunjandiyur. Since the consumers did not satisfy with the action taken by the superiors against the petitioner, they have started filing complaints before the Vigilance cell of the TANGEDCO. The Vigilance Department of the TANGEDCO conducted discreet enquiry on the complaints and found that the allegation against the Petitioner as true and sent a report to the transferring authority viz., the 2nd Respondent. Hence, as per the serious allegations and recommendations of the Vigilance Department, the Petitioner has been transferred. Several departmental proceedings have also already initiated against the Petitioner. Hence, opposed the writ petition.

4. It is the main contention of the learned counsel for the Writ Petitioner that the Petitioner was originally posted at Kunjandiyur in the year 2020. However, within 11 months he was transferred to North Chennai. It is his contention that while working at Kunjandiyur the senior officials pressurised the petitioner to demand illegal gratification from the consumers. Therefore he has given a complaint against the superior officials before the DVAC. Besides, he has also challenged the order dated 07.08.2021 in W.P.No.26329 of 2021. This Court has also granted interim stay on 13.12.2021. Thereafter, he has joined duty at Kunjandiyur on 14.12.2021. Once again he was transferred to Poolampatti on 24.06.2022, the same was subsequently cancelled on 30.06.2022. When the matter stood thus, once again the petitioner has been transferred to North Chennai on 23.05.2023. Hence it is his contention that the entire transfer has not made on administrative reasons, it only malafide and punitive nature, since the petitioner has made serious allegations against the superior officials. In support of his contention the learned counsel for the petitioner relied upon the following judgments:

1. Dr.A. Jayachitra vs. The Principal Secretary/M