K.Theivegan (Token No.10805), v. The Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2025
CORAM:
THE HONOURABLE MS. JUSTICE P.T.ASHA K.Theivegan ... Petitioner Vs.
1. The Chief Secretary (Higher Education), Secretariat, Chennai - 600 009.
2. The Director, Directorate of Technical Education, Guindy, Chennai - 600 025.
3. The Principal, Govt. Polytechnic, Gooduveli, Kattumannarkoil, Cuddalore District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the first and second respondents to consider and pass order on the petitioner representation dated 14.06.2025 in the light of G.O.Ms.No.107 dated 03.09.2020. For Petitioners : Mr.R.Sethuvarayar For Respondents : Mr.C.Jayaprakash Government Advocate (Higher Education) for R1 & R2
ORDER
The Writ Petition seeking mandamus to consider and pass orders on his representation dated 14.06.2025 in the light of G.O.Ms.No.107 dated 03.09.2020.
2. It is the case of the petitioner that he had been appointed as an Office Assistant under the Physically Challenged quota at Annamalai University on 18.05.2005 and thereafter, he was transferred as excess staff to the Government Srinivasa Suburayalu Polytechnic College at Puttur on 16.05.2017 and later, he was transferred to the Government Polytechnic College at Goduveli.
3. The petitioner would submit that he is physically challenged with 80% disability and cannot walk or run like a normal person. The petitioner is now been transferred to the Government Srinivasa Suburayalu Polytechnic College, Puttur for an alternative job on 05.06.2025 and he was directed to join 10.06.2025, the petitioner had also joined the Srinivasa Suburayalu Polytechnic College, Puttur. The petitioner would contend that he has to travel 35 km from his native to
the said Institution. He has to take two buses to reach the destination and he does so everyday with great difficulty with his 80% disability. The petitioner would submit that as per G.O.Ms.No.107 Personnel Administrative Reform (s) Department dated 03.09.2020, exemption had been given to the Government Servants who are differently abled in as much as they are only to work at their home town. Therefore, the petitioner would submit that he is entitled to work from his home town and accordingly, submitted his representation dated 14.06.2025 to cancel the order of transfer dated 05.06.2025 and retain him in the home town. This representation has not been considered. Hence, he approached this Court.
4. Heard the learned counsel on either side.
5. From a perusal of the records, particularly, the disability certificate which had been issued to the petitioner by the Government of Tamil Nadu, it is seen that the petitioner suffers from 80 % disability. He also registered with the Department of Empowerment of persons with Disabilities constituted under the aegis of Government of India/ Ministry of Social Justice and Empowerment. The petitioner who is suffering
from the disability has been shuttling from one place to another. The present place to which he has been transferred is about 35km from his home town and he has to board two buses which is difficult for a person with 80% disability. Therefore, the respondents are directed to consider the representation of the petitioner dated 14.06.2025 forthwith, in the light of G.O.Ms.No.107 and retain him in his home town. The order shall be passed on or before one month from the date of receipt of a copy of this order.
Accordingly, this Writ Petition is Allowed. No costs. 12.08.2025 dh Index: Yes/No Internet: Yes/No To
1. The Chief Secretary (Higher Education), Secretariate, Chennai - 600 009.
2. The Director, Directorate of Technical Education, Guindy, Chennai - 600 025.
3. The Principal, Govt. Polytechnic, Gooduveli, Kattumannarkoil, Cuddalore District.
P.T.ASHA. J.
dh 12.08.2025