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2026 Supreme(Online)(Mad) 31517
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. ASHA, J
K.Murugesan – Appellant
Versus
The Additional director General of Police and Inspector General of Prisons – Respondent
For Petitioner(s): Mr.M.Dinesh
For Respondent(s): Mr.P.Balathandayutham, SGP
Court directs consideration of employee's medical transfer representation on merits within stipulated time.
Headnote:Under Article 226 of the Constitution of India, the petitioner, a Grade I Warder, sought transfer from Central Prison, Coimbatore to Nagapattinam District Jail or alternative sub-jails due to severe medical ailments affecting both him and his wife, supported by a representation dated 05.01.2026. The court noted the humanitarian grounds without delving into merits. The court directed consideration of the representation on merits and in accordance with law. Issues framed involved directing the first respondent to process the transfer request based on medical and humanitarian grounds. The ratio decidendi emphasized procedural fairness in considering employee representations for transfers without prejudice to merits. The writ petition is disposed of with directions to pass orders within two months.
| Table of Content |
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| 1. petitioner's request for medical transfer. (Para 1 , 2) |
| 2. direct consideration of representation on merits. (Para 3 , 4) |
ORDER
The writ petition has been filed for the following relief:
“directing the 1st respondent to consider the petitioners representation dated on 05.01.2026 and consequently direct the 1st respondent to transfer and post the petitioner to Nagapattinam District Jail or in the alternative to Nannilam Sub-Jail or Mayiladuthruai Sub- Jail in the admitted vacancy and in consideration of the severe, documented medical and humanitarian grounds already set forth.”
2. It is the case of the petitioner that the petitioner is working as Grade I Warder at the Central Prison, Coimbatore and transferred to District Jail, Nagapattinam vide order dated 26.05.2025. Since the petitioner and his wife are suffering with severe medical ailments, he made a detailed representation seeking a transfer to Nagapattinam District Jail or Nannilam Sub-Jail or Mayiladuthurai Sub-Jail in the existing vacancy. Since there is no response, the petitioner is before this Court.
3. Heard the learned counsel on either side and perused the materials available on record.
4. Considering the relief now sought for by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's representation, on merits and in accordance with law and to pass appropriate orders, within a period of two months from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs.
