S.Ganesan v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.33530 of 2019 S.Ganesan ... Petitioner Vs.

1.The Government of Tamilnadu, rep.by its Principal Secretary, Higher Education (H1) Department, Secretariat, Fort St.George, Chennai-600 009.

2.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram-608 002, Cuddalore District

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent herein to consider the petitioner's representation dated 22.07.2019 for transferring the petitioner to any of the Government office in Cuddalore District on Humanitarian grounds.

For Petitioner : Mr.R.Sagadevan For Respondents : Mr.V.Kathirvelu, Spl. G.P. For R1 Mr.C.Munusamy, Sr.c for R2

O R D E R

By consent of both sides, the writ petition is taken up for final disposal at the admission stage itself. 2.The case of the petitioner is that the petitioner was working as a phone boy under the 2nd respondent on temporary basis and regularisation of service order was issued by the 2nd respondent. The petitioner on 16.02.2010 whose service was confirmed and confirmation of service order was issued by the 2nd respondent. The petitioner had taken treatment for coronary Artery disease. Thereafter, on 21.07.2017 the appointment of surplus non teaching staff of Annamalai University at the School 1/3

Education Department as such relieving order has been issued by the 2nd respondent to the petitioner. Hence, the petitioner gave a representation to the 1st respondent, requesting to re-transfer the petitioner to any vacancy available in Cuddalore District on Humanitarian and Medical grounds. The said representation was not considered by the respondents till today. Hence, the petitioner is before this Court.

2.The learned standing counsel appearing for the 2nd respondent would submit that in view of the limited prayer being sought in the writ petition, the respondent shall be directed to pass orders on merits on the petitioner's request within the time to be stipulated by this Court.

3.Considering the submissions made on behalf of the learned counsels, the present writ petition is disposed of, with the following direction:

(i) The respondent is directed to consider the representation of the petitioner said to have been submitted on 22.07.2019 on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. (ii) While disposing of the representation, the respondent shall also take into consideration the personal difficulties expressed by the petitioner in his representation and deal with the representation sympathetically and pass orders as indicated above. No costs.

Sd/- Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar kas To.

1.The Principal Secretary, Government of Tamilnadu, Higher Education (H1) Department, Secretariat, Fort St.George, Chennai-600 009.

2/3

2.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram-608 002, Cuddalore District +1 cc to M/s.K.Sathishkumar Advoate sr99854 +1 cc to M/s.Government Pleader sr100744 +1 cc to Mr.R.Sagadevan Advocate sr 99737 W.P.No.33530 of 2019 aa08/01/2020 3/3