R. Rengavathi v. State of Tamil Nadu, Rep by its Secretary to Government, Department of School Education, Chennai
2019-02-01
K.K.SASIDHARAN, P.D.AUDIKESAVALU
body2019
DigiLaw.ai
ORDER : K.K. SASIDHARAN, J. The petitioner has come up with this Writ Petition to direct the respondents to transfer her to any of the schools in the District of Kanyakumari. 2. The petitioner is presently working as Secondary Grade Teacher in the Panchayat Union Primary School, Vellimalaipatti, Kottampatti Panchayat Union, Madurai District. She has been working there since 13 October, 2004. The petitioner made several requests for transfer to any of the institution in the district of Kanyakumari. 3. The petitioner earlier filed at least four Writ Petitions for a direction to the respondents to transfer her from Madurai to Kanyakumari. The Writ Petitions were allowed by this Court with a direction to consider her transfer favourably. However, the respondents rejected the request on the ground that the suitable posts are not available in the district of Kanyakumari. 4. The petitioner, in her affidavit filed in support of the Writ Petition contended that though there were several vacancies in the district of Kanyakumari and others were considered, the respondents failed to consider her request, resulting in filing this Writ Petition. 5. The petitioner is eligible for transfer in accordance with the guidelines issued by the Government. The husband of the petitioner is working as a conductor in the Tamil Nadu State Transport Corporation. The two children of the petitioner are living in Kanyakumari District along with her husband. The place of her residence is 350 kilometres away from Madurai, where she is presently working. 6. The petitioner is a heart patient and she has been undergoing treatment. In view of her employment at Madurai, she is keeping aloof from her family for the last 14 years. The petitioner, therefore, prayed for a direction to the respondents to transfer her to any of the institutions in the district of Kanyakumari. 7. This Writ Petition came up for hearing along with a Public Interest Litigation filed for a direction to the Vigilance and Anti-Corruption to register a case and proceed against those who were involved in making transfers in violation of the Government Order and for extraneous consideration. There were few other Writ Petitions also posted along with the said Writ Petition filed in public interest. The respondents agreed to transfer all other writ petitioners. Accordingly, transfer orders were issued by the Government. The only other Writ Petition is the one filed by the petitioner. 8.
There were few other Writ Petitions also posted along with the said Writ Petition filed in public interest. The respondents agreed to transfer all other writ petitioners. Accordingly, transfer orders were issued by the Government. The only other Writ Petition is the one filed by the petitioner. 8. The learned Additional Advocate General appearing on behalf of the respondents assured us on 30 January, 2019, that appropriate orders would be passed for transferring her to Kanyakumari, in view of the special circumstances projected by her. We have, accordingly, adjourned the matter to be posted today. 9. We have also directed the respondents to consider the case of the petitioner sympathetically and taking into account her treatment and the factum of the work place, which is 350 kilometres away from the place of residence and 14 years of separation from the family. 10. When the Writ Petition came up for hearing today, the learned Special Government Pleader submitted that the Director of Elementary Education passed an order on 31 January, 2019, deputing the petitioner to Shenbagaramanpudur Government Primary School, Kanyakumari District. The learned Special Government Pleader has produced a copy of the said order. 11. The learned Special Government Pleader submitted that the petitioner was given transfer by deputation, in view of the special circumstances projected by her and as such, it should not be treated as a precedent. 12. The petitioner is now given transfer, taking into account her 14 years of service at Madurai away from her family. Similarly, the treatment, which she is undergoing now, is also taken as a reason for transfer. Such transfers are permitted even in the Government Order issued during the last year, in respect of which, a public interest litigation is now pending before us. Since so many factors including the medical condition of the petitioner are taken note of by the respondents for her transfer, this order would not be a precedent. 13. We are informed that the petitioner is having only five years of service. The petitioner served 14 years at Madurai. She is now transferred to her native place after 14 years of work. Since the petitioner is having 5 more years service, we direct the respondents to permit her to work at Shenbagaramanpudur Government Primary School, Kanyakumari District, till her retirement.
The petitioner served 14 years at Madurai. She is now transferred to her native place after 14 years of work. Since the petitioner is having 5 more years service, we direct the respondents to permit her to work at Shenbagaramanpudur Government Primary School, Kanyakumari District, till her retirement. The petitioner shall not be re-transferred to any other institution till the date of her retirement, in view of the background facts. 14. The Writ Petition is disposed of with the above direction. No costs.