V.Raveendra Babu v. The Directorate Of Medical Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.845 of 2020 and WMP No.1015 of 2020 V.Raveendra Babu

...Petitioner

Vs.

1. The Director of Medical Education, Kilpauk, Chennai 600 010.

2. The Dean, Stanley Medical College, Chennai 600 001 ....Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified to call for the entire records in pursuant to the transfer order vide Ref.No.42775/E4/3/2019 dated 08.11.2019 issued by the 1st respondent and the subsequent relieving order vide Na.Ka.No.5622/Ne4/2019 dated 11.11.2019 issued by the 2nd respondent and quash both of them.

For Petitioner : Mr.T.P.Prabakaran For Respondents : Mr.Karthikei Balan Government Advocate

O R D E R

By consent, this writ petition is taken up for final disposal.

2. This writ petition has been filed challenging the order of transfer passed by the 1st respondent by his proceedings dated 08.11.2019 and the consequential reliving order passed by the 2nd respondent on 11.11.2019.

3. It is seen from records that the petitioner is working as a Sweeper from the year 1995 onwards. The petitioner was transferred to the Medical department of the Stanley Medical College in the year 2012. Thereafter, he was deputed to the

Government Hospital at Tambaram on 03.05.2019. By virtue of the impugned order, the petitioner has been transferred and posted to the Government Hospital at Oteri, Chennai as a Sweeper in the existing vacancy. This transfer order has been passed on administrative grounds.

4.

The only grievance that has been expressed by the petitioner is that he joined the Government Hospital at Tambaram only during May 2019 and within a very short time, the petitioner has been transferred and posted to the Government Hospital at Oteri. The further grievance expressed by the petitioner is that he has some domestic problems and health issues and requires regular treatment and therefore, it will be very difficult for the petitioner to work at the Government Hospital at Oteri.

3.

Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 4.

The grievance expressed by the petitioner is more personal in nature and the same cannot be taking into consideration while testing the transfer order. The nature of duty that has been assigned to the petitioner is such that he has to go and do the work, wherever the situation warrants. The transfer order itself has been passed only on administrative grounds. In view of the settled law, this Court does not find any ground to interfere with the transfer order passed by the 1st respondent and the consequential reliving order passed by the 2nd respondent. The petitioner has to necessarily go and join the transferred place. Thereafter, it is always left open to the petitioner to make a representation to the concerned authorities, if he has any difficulties in continuing and it is left open to the authorities to consider the same on its own merits.

5.

In view of the above discussion, this Court does not find any ground to entertain this writ petition and accordingly, this writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar rka

To

1. The Director of Medical Education, Kilpauk, Chennai 600 010.

2. The Dean, Stanley Medical College, Chennai 600 001.

+1cc to Mr.T.P.PRabakaran, Advocate, SR.No.3568. +1cc to Government Pleader, SR.No.4748.

W.P.No.845 of 2020 RT(CO) CSR: 20.02.2020