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HIGH COURT OF MADRAS
Hon`ble Ms Justice R.N. MANJULA
T.Velu – Appellant
Versus
Secretary to Government of – Respondent
Transfer - Employment - G.O.(Ms).No.107, Personnel and Administrative Reforms Department - The Government Order provides a framework for transferring government servants with mentally retarded or differently abled children, ensuring their consideration for transfer requests.
Fact of the Case:
The petitioner, a driver employed at Annamalai University since 2009, was transferred against his will due to financial constraints. He has a son with 95% disability and seeks a transfer back to Annamalai University according to G.O.(Ms).No.107.
Finding of the Court:
The court directed the respondents to consider the petitioner's representation for transfer back to Annamalai University, acknowledging his eligibility under the relevant government order.
Issues: Whether the petitioner is eligible for a transfer back to Annamalai University in light of his son's mental disability and the applicable government order.
Ratio Decidendi: The court ruled that the petitioner qualifies for consideration under G.O.(Ms).No.107 due to his child's medical condition, indicating the importance of accommodating government employees with differently abled children.
Final Decision: The court ordered the respondents to consider the petitioner's transfer request and pass suitable orders within four weeks.
O R D E R
Heard Mr.V.Ilanchezian, learned counsel for the petitioner and Mr.K.Surendran, learned Additional Government Pleader for the respondents and perused the materials available on record.
2. The petitioner is working as a driver in Annamalai University, Chidambaram from the year 2009. In the year 2013, due to some financial constraints, the Annamalai University was taken up by the State Government and the excessive non-teaching staffs were transferred to some other Government Colleges on deputation basis. In the year 2017, the 2nd respondent in his Proceedings dated 12.05.2017 transferred the petitioner from Annamalai University to the 3rd respondent College namely Dr.Dharmambal Government Polytechnic College for Women, Tharamani.
3. The petitioner reported duty before the 3rd respondent College on 17.05.2017 and worked there till 19.09.2018. The petitioner was again deputed to work as a driver to the Secretary of Higher Education Department. Hence the petitioner has filed this Writ Petition to consider his representation and transfer him back to Annamalai University in accordance with G.O.(Ms).No.107, Personnel and Administrative Reforms Department, dated 03.09.2020 and retain him there itself. It is learnt while the Writ Petition is pending, the petitioner has been transferred to Government Polytechnic College, Goduvalli, Cuddalore.
4. The petitioner has got a son, who is mentally retarded and assessed with 95% disability by the Medical Board, Cuddalore District. The Government Order has been issued in G.O.(Ms).No.107, Personnel and Administrative Reforms Department, dated 03.09.2020, following the earlier instructions given by the Government in Letter No.15210/94-1, Personnel and Administrative Reforms (Per.S) Department, dated 29.06.1994 for the Government Servants who have mentally retarded or differently abled children to get a transfer request. The petitioner has also produced a copy of the disability certificate issued to his son and that would show that his son has 95% disability due to this mental retardation.
Since the petitioner's case is eligible to be considered in accordance with G.O.(Ms).No.107, Personnel and Administrative Reforms Department, dated 03.09.2020, the respondents shall consider the representation of the petitioner in this regard and pass suitable orders in accordance with the above Government Order, within a period of four (4) weeks from the date of receipt of a copy of this order and this Writ Petition is disposed accordingly.
No costs.
11.03.2024 Speaking order / Non-speaking order Index : Yes / No Neutral Citation : Yes / No sri To
1.The Secretary to Government of Tamil Nadu, Department of Higher Education, Secretariat, Chennai - 600 009.
2.The Director, Directorate of Technical Education, Guindy, Chennai - 600 025.
3.The Principal, Dr.Dharmambal Government Polytechnic College for Women, 4th Cross Street, Tharamani, Chennai - 600 113.
R .N.MANJULA, J.
sri
11.03.2024
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