Madras High CourtWA/1156/2017partly allowed

V.Arumugam v. The Inspector General Of

2017-10-11Honourable Mr Justice Rmt. Teekaa Raman,Honourable Mr Justice Huluvadi G. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.10.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.A.No.1156 of 2017 and C.M.P.No.16080 of 2017 V.Arumugam ..Appellant/Petitioner

Versus

1 The Inspector General of Police (Personnel) O/o. Directorate General 2 The Deputy Inspector General of Police (Estt. ) O/o. Directorate General 3 The Deputy Inspector General of Police Group Centre Avadi Chennai 600 065 ..Respondents/Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 7.8.2017 passed in W.P.No.15126 of 2016 on the file of this court. This Writ petition filed under Article 226 of the constitution of India praying for the issuance of writ of Mandamus directing the respondents to rehabilitate the petitioner by providing him full medical treatment for the injuries sustained in his left arm as enumerated in Standing Order No.7/99 dt 6.5.1999 and forbear the respondents from posting him to combatant duty pending medical treatment being taken at Chennai For appellant : Mr.J.Lakshmi Narayanan For respondents: Ms.S.Meenakumari

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties for some time.

2. The writ appeal is filed by the appellant/writ petitioner challenging the order passed by the learned Single Judge rejecting to interfere with the order transferring the appellant to Chattisgarh, the present writ appeal has been filed.

3. The appellant sought for indulgence with the transfer order on the ground of his ailment. It appears that he has been serving in the present Station from February 2013 and during November 2015, he sustained injury in his left forearm and he underwent some surgeries and plates were inserted in his left forearm and whileso, he was sought to be transferred to Chattisgarh by an order dated 17.2.2016. It further appears that on the strength of the interim order obtained in the writ petition, he has been continuing in the present station itself.

4. The grievance expressed by the appellant is that he is still undergoing treatment and could not undertake heavy work because of his health condition. It is further represented that he has not been paid salary in the meanwhile. It may be that he would be unable to carry out regular work but, having regard to the difficulty pleaded, he may be given some light work according to the disability of the petitioner. However, he is directed to report at the Station where he is now transferred, on or before 1st January 2018. Sofar as non-payment of salary is concerned, it would be taken care of by the authority immediately. The writ appeal is allowed in part to the extent indicated above. No costs. The connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ssk.

To:

1 The Inspector General of Police (Personnel) O/o. Directorate General

2 The Deputy Inspector General of Police (Estt. ) O/o. Directorate General 3 The Deputy Inspector General of Police Group Centre Avadi Chennai 600 065 + 1 cc to M/s. J. Lakshmi Narayanan, Advocate Sr.73478 W.A.No.1156 of 2017 RSI(CO) EU(28/11/2017)