M.Mohan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.01.2025
CORAM:
THE HON'BLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN M.Mohan ... Petitioner Vs.
1.The State of Tamilnadu Rep.by its Secretary, Higher Education Department, Secretariat, Chennai-600 009.
2.The Commissioner of Technical Education, The Commissionerate of Technical Education, Guindy, Chennai-600 025.
3.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram.
... Respondents Prayer: This Writ petition has been filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the 1st respondent to consider the representation made by the petitioner dated 06.01.2025 requesting to repost the petitioner in Chidambaram itself on grounds of disability in the light of Letter (Ms) No.92/S/09, dated 22.07.2009 and G.O.MS.NO.107 dated 03.09.2020, Personnel and 1/6
Administrative Reforms (S) Department within a time frame fixed by this Court.
For Petitioner : Mr.K.C.Karle, Marx For R1 & R2 : Mr.U.Baranidharan, Additional Government Pleader For R3 : Mr.Sithirai Anandam, Standing Counsel
ORDER
This Writ Petition is filed by the petitioner seeking direction to the 1st respondent to consider the representation made by the petitioner dated 06.01.2025 requesting to repost the petitioner in Chidambaram itself on grounds of disability in the light of Letter (Ms) No.92/S/09, dated 22.07.2009 and G.O.MS.NO.107 dated 03.09.2020, Personnel and Administrative Reforms (S) Department within a time frame fixed by this Court.
2.The brief facts of the case as per the affidavit enclosed to this Writ Petition are that the petitioner is a physically disabled person suffering with hearing impairment. He was appointed in the 3rd respondent University on 02.01.2008 on temporary basis and his services were regularized on 31.03.2010. By an order dated 14.02.2019, the 2/6
petitioner was transferred and posted as Office Assistant on deputation basis in the Government Polytechnic College, Jolarpet. The petitioner being a disabled person and it is not possible for him to live without his family support. The petitioner apprehends that the deputation would be extended again sent a representation to the 1st and 2nd respondents on 06.01.2025 requesting them to repost either in Annamalai University or in any other Government offices in Chidambaram which is pending consideration with the respondents. Hence, petitioner has filed this Writ Petition seeking for suitable relief.
3.Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the records. 4.On going through the records, it is found that the petitioner is a physically disabled person suffering with 57% hearing impairment and suffered no other disability. In view of the above said disability, this Court is inclined to issue direction to 1st respondent to consider the representations of the petitioner dated 06.01.2025 requesting to repost the petitioner in Chidambaram itself on grounds of disability in the light of Letter (Ms) No.92/S/09, dated 22.07.2009 and G.O.MS.NO.107 dated 3/6
03.09.2020, Personnel and Administrative Reforms (S) Department within a time frame fixed by this Court and dispose of the same by passing appropriate order in the manner known to law, within a period of four weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition is disposed of. No costs.
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To 1.The State of Tamilnadu Rep.by its Secretary, Higher Education Department, Secretariat, Chennai-600 009.
2.The Commissioner of Technical Education, The Commissionerate of Technical Education, Guindy, Chennai-600 025.
3.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram.
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V.BHAVANI SUBBAROYAN, J.
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