The main legal point established is the priority given to disabled persons in transfer counseling and the obligation of the authorities to ensure prompt implementation of disability laws.

1. “There is no greater disability in society, than the inability to see a person as more.” – Robert M.Hensel.

2. Alleging that the employer did not understand that people with disability also would have hopes and aspirations in society wanting to showcase their talent and when the petitioner expected no barrier and discrimination, she faced only apathy towards her problem, this writ petition has been filed by the petitioner.

3. The petitioner herein is a person with 50% locomotor disability (a person's inability to execute distinctive activities associated with movement of self and objects resulting from affliction of musculoskeletal or nervous system or both, including other deformities). She is a M.Sc., (Mathematics) B.Ed., graduate. She was appointed as B.T.Assistant on 04.12.1997 in the Mathamatics subject. In the year 2018, i.e., on 02.08.2018 she got promoted as Headmistress and joined in Government High School, Korkai.

4. By G.O.Ms.No.165, School Education Department, dated 07.08.2018, 95 middle schools were upgraded as high schools and by G.O.Ms.No.166, dated 07.08.2018, 95 high schools were upgraded as higher secondary schools. The High School where the petitioner was working was also upgraded as Higher secondary school, by the same Government Order, dated 07.08.2018. Anticipating the transfer, the petitioner made a representation on 10.08.2018 requesting that she may be transferred to Thazhancheri High School, which is 10 Kms away from her residence, taking into account her disability. The petitioner was put in additional charge of Thazhancheri High School, (on 20.08.2018) which is also an upgraded high school, by virtue of G.O.Ms.No.165, dated 07.08.2018. Though she was given assurance that she will be posted to Thazhancheri High School during transfer counselling, it did not happen and she was transferred to Periathumpur High School.

5. It is the grievance of the petitioner that her claim should have been considered in the light of G.O.(1D) No.403, dated 29.05.2018 which provides that when more than one person is claiming transfer to the same place, priority shall be given to teachers suffering with 50% or more disability and that the counselling for transfer of disabled teachers shall be held first before counselling for normal teachers.

6. It is the contention of the learned counsel appearing for the petitioner that during transfer counselling no such priority was given to her; Thazhancheri High School which was near to the residence of the petitioner was chosen by one teacher, by name, Kannagi and therefore, when the turn of the petitioner came without any option, she was posted to Periathumpur High School, which is 104 Kms away from her residence.

7. The learned Government Advocate appearing for the respondents would contend that the petitioner herself has chosen the place of Periathumbur High School in the counselling and therefore, she is not entitled to go back against her own choosing and therefore, the claim of the petitioner has to be thrown out.

7.1. The second contention is that the transfer was only in accordance with the seniority, which is the rule, therefore, when the transfer is in accordance with the rule, it cannot be challenged.

8. The contentions of the learned Government Advocate for the respondents have generated two questions, namely, (i) whether when there is a clash between seniority and disability, which will prevail? (ii) Whether the petitioner actually opted for the transferred place or she was forced by circumstances to opt for the transferred place?

9. The learned counsel appearing for the petitioner would submit that on an earlier occasion, there was an opportunity for the petitioner for promotion, but fearing that she has disability and she would not able to travel 104 Kms away from her residence, she relinquished her promotion and that is why, her juniors became seniors to her and now the claim is made on the ground of seniority and this ground would be adding fuel to the fire.

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