N.Maheshwari v. The Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN N.Maheshwari ... Petitioner Vs.
1. The Secretary to the Government, School Education Department, Fort George, Chennai - 600 009.
2. The Directorate of School Education, Directorate of School Education Office, Chennai - 600 008.
3. The District Collector, District Collector Office, Dharmapuri District.
4. The District Chief Educational Officer, District Chief Educational Office, Dharmapuri District.
5. The Regional Educational Officer, Regional Educational Office, Harur Post & Taluk, Dharmapuri District.
... Respondents 1/5
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, seeking direction against the respondents to consider the petitioner's health issue and allow the petitioner transfer to Panchayat Union Primary School at Batchapettai Village, Harur Taluk, Dharmapuri District.
For Petitioner : Mr.M.Mahendran For Respondents : MrS.Prabhakaran, Government Advocate *****
O R D E R
The instant writ petition has been filed challenging the order dated 02.03.2016 passed by the second respondent.
2. The learned counsel for the petitioner submits that the petitioner is suffering from Blood Cancer and is taking treatment for DNA replacement therapy at G.Kuppusamy Naidu Memorial Hospital, Coimbatore. It is the further submission of the learned counsel for the petitioner that her present posting is in a remote place; therefore, for any urgent medical need, she finds it difficult. Hence, she has sent a transfer application dated 17.05.2024, which is yet to be considered by the respondents.
2/5
3. At this juncture, the learned Government Advocate appearing for the respondents would stoutly object to the contention of the learned counsel for the petitioner and would contend that both the places are within a radius of 5 kilometres and that both the places have access to the main road. Therefore, there is no question of lack of medical aid to the petitioner. However, he would fairly submit that they would consider the petitioner's transfer application within a reasonable time.
4. Heard the learned counsel for both sides and perused the materials available on record.
5. In such view of the matter, without going into the merits of this Writ Petition, this Court deems it appropriate to direct the respondents to consider the petitioner's transfer application dated 17.05.2024 sympathetically and pass orders on its own merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
6. In the result, this Writ Petition is disposed of with the above 3/5
directions. No costs.
26.06.2025 kv Index : Yes/No Speaking order /Non Speaking Order To
1. The Secretary to the Government, School Education Department, Fort George, Chennai - 600 009.
2. The Directorate of School Education, Directorate of School Education Office, Chennai - 600 008.
3. The District Collector, District Collector Office, Dharmapuri District.
4. The District Chief Educational Officer, District Chief Educational Office, Dharmapuri District.
5. The Regional Educational Officer, Regional Educational Office, Harur Post & Taluk, Dharmapuri District.
4/5
C.KUMARAPPAN, J.
kv 26.06.2025 5/5