L.Felix Reginald v. Commissioner of Labour

ORDER This writ petition has been filed seeking the following relief: "to call for the records on the file of the 1st respondent herein issued in E4/18195/2026-3, dated 10.07.2026, and quash the same insofar as the petitioner and the 3rd respondent is concerned, and consequently direct the 1st and 2nd respondents to permit the petitioner to continue at the present station until completion of the prescribed tenure of one year."

¶2The brief facts of the case are as follows:

2.1 The petitioner joined the services of the respondent department as a Junior Assistant on 20.07.1989 on compassionate grounds and rendered continuous and unblemished service of about 36 years without any default. Following subsequent promotions and transfers, the petitioner was ultimately posted as Stamping Inspector-I, Coimbatore, which is an 'A' category post, carrying a prescribed minimum tenure of one year as per G.O.Ms.No.10, Personnel and Administrative Reforms Department, dated 07.01.1994, read with Government Letter No.23847/S/1998-1 dated 05.08.1998, and G.O.Ms.No.51, Labour and Employment Department, dated 21.03.2017. The petitioner joined the said post on 04.08.2025. Page3 of 6

2.2 While so, prior to the completion of the prescribed tenure of one year, the petitioner was transferred to Tenkasi, vide the proceedings of the 1st respondent dated 10.07.2026 bearing No.E4/18195/2026-3. Aggrieved by the same, the petitioner submitted a representation dated 10.07.2026 to the 1st respondent requesting the cancellation of the impugned transfer. However, without considering any of the above said facts, the authorities directed the petitioner to hand over charge on 15.07.2026. Challenging the said transfer order dated 10.07.2026, the petitioner has filed this writ petition.

¶3Heard the learned counsel appearing on either side and perused the materials available on record.

¶4It is seen that upon receiving the impugned transfer order, the petitioner submitted a representation on the very same date before the 1st respondent requesting an alternative posting to any other available station in and around Coimbatore. At the relevant point in time, a clear vacancy existed at Coimbatore, which the 1st respondent failed to consider while rejecting or ignoring the petitioner's plea.

¶5The petitioner subsequently came to learn that the individual posted in his place belongs to the 'C' category, whereas the petitioner belongs to the 'A' Page4 of 6 category. It is the contention of the petitioner that only an official belonging to the 'A' category can be posted or transferred to the seat held by the petitioner. These critical facts came to the petitioner's knowledge only after the submission of his representation dated 10.07.2026.

¶6In view of the above, this Court, without interfering with the order impugned, directs the petitioner to make a fresh representation before the 1st respondent narrating all these points and also by pointing out the fact that the impugned transfer order is in violation of G.O.Ms.No.10, Personnel and Administrative Reforms Department, dated 07.01.1994, read with Government Letter No.23847/S/1998-1 dated 05.08.1998, and G.O.Ms.No.51, Labour and Employment Department, dated 21.03.2017, within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the 1st respondent shall consider the same in the light of G.O.Ms.No.10, dated

07.01.1994 and G.O.Ms.No.51, dated 21.03.2017 as well as the order of this Court dated 05.03.2026 made in W.P.No.9079 of 2026 and pass appropriate orders on merits and in accordance with law, within a period of two weeks thereafter. Page5 of 6

¶7With the above directions, this Writ petition stands disposed of. No costs. Consequently, the connected Miscellaneous petitions are closed.

06.08.2026 Index: Yes/No Speaking/Non-speaking order skt To:

¶1The Commissioner of Labour, (Labour Officers Quarters Campus), B-Block, 6th Street Extn, Anna Nagar, Chennai – 600 040.

¶2The Joint Commissioner of Labour (I/C) Dr.Balasundaram Road, Behind RTO (c) Office Campus, Coimbatore – 641 018. W.P.No.30930oofo2026 P.T.ASHA,oJ. skt W.P.No.30930oofo2026 and W.M.P.Nos.33982o&o33983oofo2026

06.08.2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.08.2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA and W.M.P.Nos.33982 & 33983 of 2026 L.Felix Reginald ..Petitioner Vs. 1. The Commissioner of Labour, (Labour Officers Quarters Campus), B-Block, 6th Street Extn, Anna Nagar, Chennai – 600 040. 2. The Joint Commissioner of Labour (I/C) Dr.Balasundaram Road, Behind RTO (c) Office Campus, Coimbatore – 641 018. 3. S.Kannan, Stamping Inspector – 1st Circle, Labour Department, Dr.Balasundaram Road, Behind RTO (c) Office, Coimbatore – 641 018. ..Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the 1st respondent herein issued in E4/18195/2026-3, dated 10.07.2026, and quash the same insofar as the petitioner and the 3rd respondent is concerned, and consequently direct the 1st and 2nd respondents to permit the petitioner to continue at the present station until completion of the prescribed tenure of one year. Page2 of 6 For Petitioner(s): Mr.M.Ravi For Respondent(s): Mr.S.Ilamvaludhi, Special Government Pleader for R1 & R2