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2025 Supreme(Online)(Mad) 47768

IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.Kumarappan, J
M.Ananthaselvi – Appellant
Versus
The Secretary to Government, Health and Family Welfare Department – Respondent
W.P.No.23526 of 2025



Advocates:
For the Appellants/Petitioners: M/s.Ilayarani Ponraj
For the Respondents:Mr.K.Tippu Sultan Government Advocate

The court underscored the need to consider the representations of differently-abled individuals sympathetically, affirming their right to assistance in work relocation.

Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - A differently-abled person sought transfer from one hospital to another, citing distance and need for assistance - The Government Advocate conceded to consider the petitioner's representation sympathetically - Court directed to pass orders within four weeks. (Paras 4, 7)

Facts of the case:
The petitioner, a 70% disabled employee, requested transfer to be nearer to her native place due to difficulties faced in her current position.

Findings of Court:
Court emphasized the consideration of the representation without delving into the merits of the case, ordering a decision within a specified period.

Issues: The main issue addressed was whether the petitioner's request for transfer based on her disability and distance from her native place should be given due consideration.

Ratio Decidendi: The court decided that the representation must be considered sympathetically, affirming the importance of assisting differently-abled individuals in their work circumstances.

Result: Writ Petition disposed of with a direction to consider the representation.

Table of Content
1. writ petition filed for transfer. (Para 2 , 3)
2. petitioner's request based on disability and proximity to native. (Para 4 , 5)
3. consideration of representation agreed by government. (Para 6)
4. court's directive to act expeditiously. (Para 7)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.06.2025 CORAM THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.No.23526 of 2025 M.Ananthaselvi ... Petitioner Vs.

1.The Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai-600 009.

2.The Director, Medical and Rural Health Services, Teynampet, Chennai-600 006.

3.The Directorate of Medical Education and Research, 162, Periyar EVR High Road, Kilpauk, Chennai – 600 010.

4.The Dean, Tirunelveli Medical College Hospital, High Ground Road, Maharajanagar, Tirunelveli – 627 011.

5.The Regional Administrative Medical Officer (ESIS), Singanallur, Coimbatore – 641 005.

6.The Commissioner, State Commissionerate for Welfare of the Differently Abled, No.5, Kamarajar Salai Lady Wellington College Campus, Chennai-600 005. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondent No.2 and Respondent No.3 to transfer the Petitioner from ESI Dispensary, Ondipudur, Coimbatore to the Tirunelveli Medical College Hospital, Tirunelveli-11 or any other further relief based on the representation given by the Petitioner dated 11.05.2025.

For Petitioner : M/s.Ilayarani Ponraj For Respondents : Mr.K.Tippu Sultan Government Advocate

O R D E R

By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.

2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the Respondent No.2 and Respondent No.3 to transfer the Petitioner from ESI Dispensary, Ondipudur, Coimbatore to the Tirunelveli Medical College Hospital, Tirunelveli-11 or any other further relief based on the representation given by the Petitioner dated 11.05.2025.

3. Heard the learned counsel for both sides and perused the materials available on record.

4. The learned counsel for the petitioner would submit that the petitioner is 70% disabled person and she was appointed as Typist on 27.08.2009 in the Madras Medical College, Chennai and she was promoted as Assistant and posted at District Family Welfare Bureau, Tirunelveli-II. Subsequently, the petitioner was transferred from District Family Welfare Bureau, Tirunelveli-II to ESI Dispensary, Ondipudur, Coimbatore on 06.08.2024. It is the submission of the petitioner the Coimbatore is faraway place from her native and she being a differently abled person find it difficult to get assistance. Hence, she may be considered for retransfer to Tirunelveli-

11, where a similar post is vacant.

5. According to the petitioner, she is being a differently abled person, if she is posted at her native place, she may have help from her relatives and friends, whereas, she would find it difficult to get such assistance at the present posting place. In this connection, she has sent a representation to the respondents on 11.05.2025 and such representation is pending with the respondents for a quite some time.

6. At this juncture, the learned Government Advocate appearing for the respondents would fairly submit that they would consider the petitioner's representation, within a reasonable time.

7. In such view of the matter, without going into the merits of the writ petition, this Court deems it appropriate to direct the respondents to consider the petitioner's representation dated 11.05.2025 sympathetically and pass orders on it's own merits and in accordance with law, within a period of four weeks from the date of receipt of copy of this order.

8. With the above direction, the Writ Petition is disposed of. No costs.

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