Kamaraj v. The Director of Collegiate Education (FAC) Chennai
2015-04-30
D.HARIPARANTHAMAN
body2015
DigiLaw.ai
Judgment :- 1. The petitioner has been working as Assistant Professor (Tamil) in the Government Arts College, Nandanam, Chennai. He was transferred by order dated 12.09.2014 to the Government Arts College for Women, Bargur, Dharmapuri District. 2. The petitioner herein has filed a Writ Petition in W.P. No 25480 of 2014 dated 27.10.2014, questioning the transfer order. This Court rejected the said writ petition. 3. Thereafter, the petitioner filed a review application to review the order dated 27.10.2014 in W.P.No.25480 of 2014. This Court passed an order dated 06.02.2015 in Review Application No.14 of 2015 and disposed of the review application. Paragraph nos.5 and 6 of the order passed in the review application reads as follows: "5. In the order passed by this Court itself it has been mentioned that it is well open to the petitioner to approach the respondents seeking transfer on medical ground. Therefore, the facts recorded in the said order can only be termed as onservation. In other words, there is no bar for the respondents to consider the case on merits, if they are of the view that the physical condition warrants his continuance in the city of Chennai or in and around the same. It is a specific case of the petitioner that there are available vacancies. 6. In consideration of the same, the petitioner is directed to send a detailed representation, pointing out his ailment, to the first respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the said authority is directed to pass orders after satisfying with the medical condition of the petitioner, within a period of four weeks." 4. After passing of the said order in review application, the petitioner has made a representation dated 13.02.2015 to the 1st respondent to permit him to rejoin in Chennai due to heart surgery which he had undergone. 5. The said representation was rejected by the impugned order dated 26.03.2015, which is a cryptic order and paragraph-3 of the order is extracted hereunder: “TAMIL” 6. The impugned order does not contain any reason. It is a non-speaking order. 7. This Court by an order dated 06.02.2015 categorically directed to take note of the medical grounds urged by the petitioner in the case of his transfer.
The impugned order does not contain any reason. It is a non-speaking order. 7. This Court by an order dated 06.02.2015 categorically directed to take note of the medical grounds urged by the petitioner in the case of his transfer. The petitioner has produced medical records and one among them is a medical certificate dated 06.04.2015, which is extracted hereunder: "This is to certify that Mr. D.Kamaraj, 46 years, Male, suffered Heart Attack (Acute Myocardial infarct in ) and developed 99% block in an Artery for which he underwent coronary Angioplasty (PTCA & Stent to LAD). He needs frequent check up for continuation of Cardiac drugs & assessment of Cardiac status. He is advised to avoid long travel." 8. While passing the impugned order, the 1st respondent failed to take note of the aforesaid medical records. 9. When the matter was heard, the learned Special Government Pleader has produced written instructions today stating that the vacancies are available in the post of Assistant Professor (Tamil) in the following places : "i). Thiru. A. Govindasami, Govt. Arts College, Tindivanam ii). Muthurangam, Govt. Arts College, Vellore. iii). Arignar Anna Govt. College, Villupuram. iv). Thiru.Vi.Ka. Govt. Arts College, Thiruvarur." 10. At this juncture, the learned counsel for the petitioner has produced the vacancies available in and around Chennai city which are as follows: "(i) Rajeswari Vedachalam Government Arts College Chengalpattu .. 3 (ii) Arulmigu Subramaniyaswamy Government Arts College, Tiruttani. .. 5 (iii) Loganathan Narayanasamy Government Arts College, Ponneri .. 4 (iv) Presidency College, Chennai .. 1" 11. In the above facts and circumstances, the impugned order passed by the 1st respondent dated 26.03.2015 is hereby set aside and the first respondent is directed to pass fresh order posting the petitioner in anyone of the colleges cited by the petitioner, if there are vacancies and if there are no vacancies in the colleges which were cited by the petitioner, the first respondent is directed to place him at Muthurangam Government Arts College in Vellore. It is made clear that if the vacancies are available in Chennai, the first respondent shall accomodate the petitioner in anyone of the colleges, based on the medical records produced before this Court. 12. Accordingly, the writ petition is ordered. Consequently, connected Miscellaneous Petition is closed. No costs.