C. Jamunarani v. Director General of Police/Head of Police Force, Tamil Nadu
2020-07-31
R.SURESH KUMAR
body2020
DigiLaw.ai
JUDGMENT : (Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the Order C.No.B1/E-52/1GP/CZ/2020-Z.O.No.53/2020 dated 20.06.2020 passed by the second respondent and quash the same and consequently, direct the respondents to permit the petitioner to continue in the post of superintendent in the second respondent office on health and humanitarian 'grounds' within a time limit to be fixed by this Court.) 1. The prayer sought for herein is for a Writ of Certiorarified Mandamus, to call for the records relating to the Order in C.No.B1/E-52/1GP/CZ/2020-Z.O.No.53/2020, dated 20.06.2020 passed by the second respondent and quash the same and consequently, direct the respondents to permit the petitioner to continue in the post of Superintendent in the second respondent office on health and humanitarian 'grounds' within a time frame. 2. Heard Mr.A.Thirumurthy, learned counsel appearing for the petitioner and Mr.K.Mu.Muthu, learned Additional Government Pleader appearing for the respondents. 3. The petitioner had been working as Superintendent at the Director General of Police Office i.e., Head quarters of Tamil Nadu at Chennai, from where he had been transferred to Trichy and placed at the disposal of the second respondent i.e., Inspector General of Police, Central zone, Trichy. 4. The petitioner, pursuant to the said transfer order, joined at Trichy on 12.06.2020 and in the meanwhile, since the petitioner met with an accident, she had to undergo a shoulder surgery. With a result, she is not able to raise her arm. Therefore, for such purposes, she needs the assistance of another person even at home. Therefore, the petitioner with the help of some female co-worker or employee can sustain with the present condition at the office, where she already joined, pursuant to the transfer order. 5. However, all of a sudden, on 20.06.2020 through the impugned order, the petitioner has been transferred and posted at third respondent office, where the petitioner finds that there is no female worker other than the petitioner is working and it will be a very difficult time for her to copy up with the present health condition.
5. However, all of a sudden, on 20.06.2020 through the impugned order, the petitioner has been transferred and posted at third respondent office, where the petitioner finds that there is no female worker other than the petitioner is working and it will be a very difficult time for her to copy up with the present health condition. Therefore, for atleast few months, till she gets normalcy to cope up with her personal needs, she made a request to the authorities to reconsider the said decision of transferring her from second respondent office to third respondent office, instead the petitioner can be put in any of the office under the control of the second respondent at Trichy, where other female co-employees are working so that she can take the help of other female co-employees for the aforesaid purpose. 6. Since the said request has not been considered and it was turned down, the petitioner having no other option, is constrained to challenge the order of transfer dated 20.06.2020 in this writ petition. 7. In this regard, the learned counsel appearing for the petitioner has reiterated the aforesaid facts and also pointed out that, there is a vacancy in Commissioner of Police office at Trichy comes under the control of the first respondent. Therefore, in that Police Commissioner office, the Superintendent post, which is kept vacant, where the petitioner can be accommodated for the time being, till she gets normalcy after recovery from illness. 8. When the case came for last hearing, the said factor was placed before the learned Additional Government Pleader appearing for the respondents and regarding the factors mentioned by the petitioner, as stated above, he was directed to verify and to get instructions in this regard. 9. Pursuant to which, Mr.K.Mu.Muthu, learned Additional Government Pleader appearing for the respondents has got a written communication from the third respondent, dated 30.07.2020, which reads thus: “TAMIL” 10. Therefore, it become clear that, there is no other female employee working in the third respondent office. 11.
9. Pursuant to which, Mr.K.Mu.Muthu, learned Additional Government Pleader appearing for the respondents has got a written communication from the third respondent, dated 30.07.2020, which reads thus: “TAMIL” 10. Therefore, it become clear that, there is no other female employee working in the third respondent office. 11. Insofar as the claim made by the petitioner that, there is one vacancy of the post of superintendent at Commissioner office at Trichy is concerned, the learned Additional Government Pleader fairly submits that, vacancy is there, but that can not be operated, in other words, in that vacancy, somebody has to be posted or not can be decided only by the first respondent, since the Commissionerate directly comes under the control of the first respondent and not under the control of the second respondent. 12. I have considered the said submissions made by the learned counsel for both sides and perused the materials placed before this Court. 13. Normally, this Court would not interfere with the transfer order, especially a transfer order like this, where the petitioner has not been posted in a far off place and she has been posted only in the same city of Trichy. However, the fact remains that, for medical reason, as explained above, the petitioner needs the help of a female co-employee working in the same office atleast for few months. 14. Taking into account the aforesaid peculiar circumstances and situation medically faced by the petitioner, this Court is inclined to interfere with the impugned transfer order and accordingly, the following orders are passed in this writ petition: '(i) that the impugned transfer order is hereby directed to be kept in abeyance for the time being (ii) in the meanwhile, the first respondent can consider the request of the petitioner to accommodate her in the Police Commissionerate, i.e., Police Commissioner office at Trichy, which comes under the control of the first respondent, where admittedly there is a post called 'Superintendent' kept vacant for some time where the petitioner can be very well accommodated for the time being. (iii) this arrangement of accommodating the petitioner as Superintendent at the Police Commissioner Office is purely on the medical ground, as explained above, that too for a shorter period of three months.
(iii) this arrangement of accommodating the petitioner as Superintendent at the Police Commissioner Office is purely on the medical ground, as explained above, that too for a shorter period of three months. Thereafter, it is open to the respondents to reconsider the decision taken already through the impugned order to place the petitioner to the third respondent office and depending upon the situation available at that time, a suitable action can be taken by the respondents, especially the first and second respondents in this regard.' 15. With these directions, the writ petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.