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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. DHANDAPANI, J.
Varadharajan – Appellant
Versus
The Managing Director, TNSTC, Tirunelveli Limited, Tirunelveli & Others – Respondents
W.P. (MD) No. 11366 of 2023 & W.M.P (MD). No. 9876 of 2023
Decided On : 04-05-2023
Disability Rights - Employment Transfer - The court directed the petitioner, a physically disabled person, to join duty in the transferred place and granted liberty to make a representation for re-transfer on the ground of disability.
Fact of the Case:
The petitioner, a physically disabled person, was transferred to a different location and filed a writ petition challenging the transfer.
Finding of the Court:
The court directed the petitioner to join duty in the transferred place and granted liberty to make a representation for re-transfer on the ground of disability.
Issues: Transfer of physically disabled employee, representation for re-transfer on the ground of disability.
Ratio Decidendi: The court considered the limited request made by the petitioner's counsel and directed the petitioner to join duty in the transferred place, while granting liberty to make a representation for re-transfer on the ground of disability.
Final Decision: The Writ Petition is disposed of with the direction for the petitioner to join duty in the transferred place and make a representation for re-transfer on the ground of disability.
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the entire records pertaining to the impugned order passed by the second respondent in proceedings No.4322/A3/TNSTC (TVL) NAGER/2009 dated 27.04.2023 and quash the same as illegal.)
1. This writ petition has been filed to call for the entire records relating to the impugned order passed by the second respondent in proceedings No.4322/A3/TNSTC (TVL) NAGER/2009 dated 27.04.2023 and quash the same as illegal.
2. The learned counsel appearing for the petitioner would submit that the petitioner is a physically disabled person and sustained 40% disability. He worked as Non-ITI-Helper in Kanyakumari District from the year 2019. While so, all of a sudden, the petitioner was transferred from Kanyakumari to Nagercoil. Challenging the same, the present writ petition has been filed.
3. The learned counsel appearing for the petitioner would submit that it would suffice, if this Court permits the petitioner to join duty in the transferred place and thereafter, permits the petitioner to make a representation to re-transfer to Kanyakumari on the ground of disability.
4. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
5. Considering the limited request made by the learned counsel for the petitioner, this Court, without interfering with the impugned order passed by the second respondent, directs the petitioner to join duty in the transferred place within a period of two weeks from the date of receipt of a copy of this order and after joining in the transferred place, liberty is granted to the petitioner to make a representation before the second respondent for request of re-transfer on the ground of disability.
6. With the above direction, this Writ Petition is disposed of. No costs. Connected miscellaneous petition is closed.
AI
The court upheld the rights of a physically disabled employee by allowing them to make a representation for re-transfer on the ground of disability.
The main legal point established is that transfer in a transferable job is an exigency of service, and the Courts should not readily interfere with transfer orders made in public interest and for adm....
Transfer orders in public administration are justified unless proven to be mala fide, unlawful, or against established statutory provisions; no absolute right for an employee to remain in one postal ....
Transfer is an incident of service and an employee does not have any legal right to be transferred to a place of their choice. The needs of the administration take precedence above the preferences of....
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