S.Baskar v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2025 CORAM :
THE HONOURABLE Ms.JUSTICE P.T.ASHA Writ Petition No .14892 of 2025 and W.M.P.Nos.16785 and 16786 of 2025 S.Baskar ... Petitioner Vs.
1.The Director, Tribal Welfare Department, Ezhilagam, Chepauk, Chennai 600 005.
2.The Project Officer, District Tribal Welfare Office, Salem District, Salem.
3.The Headmaster, Government Tribal Residential High School, Odaikattupudur, Salem District. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorari, to call for the records relating to the impugned order issued by the 1st respondent in Che.Mu.No.Pamay/A2/1181/2025 dated 24.03.2025, actually served on the Page No.1 of 8
petitioner on 09.04.2025 and the consequential relieving order issued by the 3rd respondent in Na.Ka.No.27/2025 dated 09.04.2025 and to quash the same. For Petitioner : Mr.G.Sankaran Senior Counsel for Mr.S.Nedunchezhiyan For Respondents : Mr.G.Nanmaran for R1 to R3 Special Government Pleader
O R D E R
This petition has been filed to call for the records relating to the impugned order issued by the 1st respondent in Che.Mu.No.Pamay/A2/1181/2025 dated 24.03.2025, actually served on the petitioner on 09.04.2025 and the consequential relieving order issued by the 3rd respondent in Na.Ka.No.27/2025 dated 09.04.2025 and to quash the same.
2.The case of the petitioner is that the petitioner was initially appointed as Office Assistant in Adi Dravidar and Tribal Welfare Department in the year 2000 and promoted as Record Clerk in the year 2011 and further promoted as Junior Assistant in the year 2017. Further, he was transferred to Page No.2 of 8
the Government Tribal Residential High School, Odaikattupudhur on 16.07.2019 as Junior Assistant. In the said post, the petitioner has to maintain all the Office Register which include Non-salary-70, Salary-70, UTR Cash Book, Personal Register, Pay Bill Register and Service Records of the employees.
2(ii). When the Non-Salary-70 Register was exhausted with entries of all the 100 pages, it was submitted to the Treasury on 26.10.2023, whereas, when the new Non-Salary-70 register was furnished on 30.10.2023, the same was maintained by the erstwhile Headmaster one Bakiyasenan and the records were not handed over to the petitioner. In the month of July 2024, after reversion of the said Bakiyasenan as B.T.Assistant (Tamil) in different School, one K.Manivannan was posted as in-charge Headmaster of GTR High School, Odaikattupudur on 12.07.2024. The charges are handed over to the in-charge Headmaster viz., K.Manivannan by the erstwhile Headmaster. Even thereafter, he was not handed over with the office registers to discharge his official duty. Therefore, the petitioner submitted several representations Page No.3 of 8
seeking to furnish the office records and allow him to discharge his duty assigned to the post of Junior Assistant, whereas, the 3rd respondent has not obliged to handover the records to the petitioner. While so, the petitioner was issued with show cause notice dated 19.12.2024, by the 2nd respondent that the Non-Salary-70 Register for the period from 2021 to 2023 was kept in his custody and further Medical Leave for 15 days and 13 days availed in the year 2024 were not entered in his service register and the petitioner submitted his explanation to the show cause notice.
2.(iii). More so, the petitioner submitted his representation to the respondents on 19.02.2025 requesting to transfer him to the existing vacancy in the post of Assistant in GTR Higher Secondary School, Chinna Iluppur, Thuraiyur Taluk, Trichy District on deputation basis, in order to join his family and for medical treatment for ailing mother aged 80 years, whereas, the petitioner was issued with the impugned order of transfer issued by the 1st respondent dated 24.03.2025, and consequential impugned relieving order issued by the 3rd respondent dated 09.04.2025. As per which, the petitioner Page No.4 of 8
has been sought to be transferred to the Office of Directorate of Tribal Welfare, Chepauk, Chennai 600 005 on deputation basis. Hence, the petitioner submitted a representation on 16.06.2025 to the Adi Dravidar Welfare Department, however, no action was taken till date. Aggrieved by the inaction of respondents, the petitioner filed the instant writ petition.
3. Learned Special Government Pleader appearing for the respondents submitted that the petitioner vide letter dated 21.05.2025 requesting to transfer him to Adi Dravidar Welfare Department by considering his health condition and he is unable to work in the hill stations. As requested by the petitioner, No Objection Certificate has been issued as per Tribal Welfare Director's letter in Na.Ka.No.Pa.Mey.G2/721/2024 dated 09.06.2025 mentioning that there is no objection to relieve the petitioner, after receiving the posting order from Adi-dravidar Welfare Department, the same was communicated to the petitioner vide proceedings in Na.Ka.No.Pa.Mey.G2/1181/2025 dated 09.06.2025. Pursuant to which, the petitioner made representation on 16.06.2025 to the Adi Dravidar Welfare Page No.5 of 8
Department, the same will be considered within a stipulated time fixed by this Court.
4. In such view of the matter, the respondents are directed to consider the representation of the petitioner and pass appropriate orders on merits and in accordance with law, within a period of eight(8) weeks from the date of receipt of a copy of this order.
5. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 14.08.2025 msv Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The Director, Tribal Welfare Department, Ezhilagam, Chepauk, Chennai 600 005.
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2.The Project Officer, District Tribal Welfare Office, Salem District, Salem.
3.The Headmaster, Government Tribal Residential High School, Odaikattupudur, Salem District.
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P.T.ASHA ,J.
msv and W.M.P.Nos.16785 and 16786 of 2025 14.08.2025 Page No.8 of 8