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2026 DAILYLAW 64865 (MAD)

M.MOHANRAJ v. Tamil nadu state Transport Corporation (Coimbatore) Ltd.

WP/856/2026 · 2026-01-09

M Dhandapani

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 856 of 2026 __________ Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-01-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 856 of 2026 and WMP.Nos.1038, 1040 &1043 of 2026 M.Mohanraj S/o Murugesan, 367/16D, Anjal Nagar, Ellis Nagar Post, Kodarasupalayam, Dharmapuri Taluk,Thiruppur District 638 656 ..Petitioner(s) Vs 1. Tamil Nadu state Transport Corporation (Coimbatore) Ltd., Rep by its Managing Director, 37, Mettupalayam Road, Coimbatore 641 043 2. The General Manager Tamil nadu State Transport Corporation (Coimbatore) Ltd., thiruppur Region, Kangeyam, Salai, thiruppur 641 604 3. The branch Manager Tamil nadu State Transport Corporation (Coimbatore) Ltd, https://www.mhc.tn.gov.in/judis WP No. 856 of 2026 __________ Page2 of 8 Dharmapuram Branch, Thiruppur Division, 100 udumalai Road, Dharmapuram thiruppur 638 656 ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Mandamus, calling for the records pertaining to the order dated 30.12.2025 passed by the 1st Respondent in 12273 / C1/ MaVaMe / TNSTC(Ko) / 2025, transferring him from Dharapuram branch in Thiruppur Region to Valparai branch in Coimbatore Region and the Consequential Reliving Order No.13740 dated 30.12.2025 passed by the 3rd Respondent, reliving the petitioner from Dharapuram branch with effect from 31.12.2025, quash the same and consequently, direct the 1st Respondent to allow him to continue his services as a driver in Dharapuram Branch and to grant him the medical leave for the period from 21.10.2025 to 07.11.2025. For Petitioner(s): Ms.H.Nandhini For Respondent(s): Mr.C.Gauthamaraj ORDER This Writ Petition has been filed seeking quashment of the impugned transfer and relieving orders and a consequent direction to the first respondent to permit the petitioner to continue his service in Dharapuram Branch and grant him medical leave for the period from 21.10.2025 to 07.11.2025. https://www.mhc.tn.gov.in/judis WP No. 856 of 2026 __________ Page3 of 8 2. Mr.C.Gauthamaraj, learned counsel takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, the Writ Petition is taken up for final disposal at the stage of admission itself. 3. The case of the petitioner is that he joined the service of the first respondent Corporation as a Driver on 08.10.2010 and was posted at Dharapuram Branch, Tiruppur Region. While so, owing to certain medical ailments, the petitioner requested medical leave from the Traffic Controller. However, the said request was refused. Thereafter, the petitioner made a representation dated 17.10.2025, seeking approval of medical leave, which came to be rejected by the third respondent. Aggrieved by the same, the petitioner made another representation dated 22.10.2025, along with the relevant medical certificates before the second respondent. However, instead of considering the said representation, the second respondent issued a charge memo dated 19.11.2025, alleging that the petitioner had threatened the Traffic Controller for availing medical leave. Pursuant thereto, the petitioner submitted his explanation vide letter dated 04.12.2025. Subsequently, the first respondent issued an order of transfer dated 30.12.2025, transferring the petitioner from Dharapuram Branch to Valparai Branch, Coimbatore Region and a consequential relieving order was also issued by the third respondent. https://www.mhc.tn.gov.in/judis WP No. 856 of 2026 __________ Page4 of 8 Challenging the said impugned transfer and relieving orders, the petitioner has filed this Writ Petition. 4. Learned counsel for the petitioner submitted that the petitioner was genuinely suffering from medical ailments and had submitted medical certificates in support of his claim. It is contended that the impugned transfer order came to be issued as a measure of victimization. The learned counsel submitted that though the power of transfer was ordinarily available to respondents in terms of 28 of the Certified Standing Orders, the said clause was deleted pursuant to the order of the Labour Court in Standing Order Appeal No.4 of 1995, dated 01.04.2022. Therefore, in the absence of the Standing Order No.28, the respondent Corporation do not have the authority to transfer employees from one Depot to another Depot. On the said ground, the learned counsel sought to set aside the impugned transfer order and to direct the first respondent to permit to the petitioner to continue his service as a Driver in Dharapuram Branch and to grant him medical leave for the period from 21.10.2025 to 07.11.2025. 5. Per contra, Mr.C.Gauthamaraj, learned counsel appearing for the respondents submitted that the transfer order is inherent power of the Transport Corporation thereby, the transfer order was passed and that too, the place of transfer is within 25 Kilometres hence, there is no difficulties to the petitioner. https://www.mhc.tn.gov.in/judis WP No. 856 of 2026 __________ Page5 of 8 He would further submit that the transfer order is not a punishment and, it is only passed on the administrative grounds. 6. Heard the learned counsel for the petitioner, as well as the learned counsel appearing for the respondents. 7. The facts of the present case is not in dispute. Admittedly, the petitioner is employed as a Driver in Dharapuram depot. According to the petitioner, for seeking medical leave, he was transferred from Dharapuram Branch to Valparai Branch. However, the power available for transfer from one place to another is available only in terms of Certified Standing Order No.28 and the same stands deleted as per Standing Order No.4 of 1995 dated 01.04.2022 on the file of the Principal Labour Court, Chennai. 8. In view of the deletion and further there is a similar order passed in W.A.No.2751 of 2025, this Writ Petition stands allowed and the impugned orders are set aside. However, liberty is granted to the respondents to proceed the matter in accordance with law, if the certified standing order is restored. 9. It is further evident that even prior to the issuance of transfer order, the petitioner had been medically unfit to attend duty and had submitted medical certificates in support of his claim. In view of the such circumstances, https://www.mhc.tn.gov.in/judis WP No. 856 of 2026 __________ Page6 of 8 the respondents are directed to consider the medical certificates submitted by the petitioner and pass appropriate orders regarding grant of medical leave for the period from 21.10.2025 to 07.11.2025, in accordance with law. If the petitioner is otherwise entitled and upon verification of the genuineness of the medical records, the said period shall be treated as medical leave and consequently as duty period, in terms of the applicable service regulations. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 09-01-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ANU To 1. Tamil nadu state Transport Corporation (Coimbatore) Ltd., Rep by its Managing Director, 37, Mettupalayam Road, Coimbatore 641 043 2. The General Manager Tamil nadu State Transport Corporation (Coimbatore) Ltd., thiruppur Region, Kangeyam, Salai, thiruppur 641 604 https://www.mhc.tn.gov.in/judis WP No. 856 of 2026 __________ Page7 of 8 3. The branch Manager Tamil nadu State Transport Corporation (Coimbatore) Ltd, Dharmapuram Branch, Thiruppur Division, 100 udumalai Road, Dharmapuram thiruppur 638 656 https://www.mhc.tn.gov.in/judis WP No. 856 of 2026 __________ Page8 of 8 M.DHANDAPANI, J. ANU WP No. 856 of 2026 and WMP.Nos.1038, 1040 &1043 of 2026 09-01-2026 https://www.mhc.tn.gov.in/judis