B.Kavitha v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D. JAGADISH CHANDIRA and WMP.Nos.42573 & 42574 of 2025 B.Kavitha ... Petitioner vs.

1. The Commissioner for the Welfare of the Differently Abled, O/o.the Commissionerate for Welfare of Differently Abled Lady Willington College Campus, Kamarajar Salai, Chennai - 600 005.

2. The District Differently abled Welfare Officer, District Differently abled Office, Collectorate Office Campus, Chengalpattu, Chengalpattu District.

3. The Headmaster, Government Middle School for Hearing Impaired Govt.Service Home Back side, Tambaram Sanitorium Chennai 600 047.

... Respondents 1/7

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus to call the records relating to the impugned order issued by the 1st respondent in Na.Ka.No.003275/CPa.Nir.12025 dated 30.09.2025 and to quash the same and consequently to direct the respondents to consider the claim of the petitioner to continue to work in Government Middle School for Hearing Impaired, Sanitorium, Tambaram, Chennai 600 047 till the date of retirement on 31.03.2027.

For petitioner : Mr.S.Nedunchezhiyan For Respondents : Mr.R.V.Dinesh Kumar Additional Government Pleader

ORDER

This writ petition has been filed seeking a Writ of Certiorarified Mandamus to call the records relating to the impugned order issued by the 1st respondent in Na.Ka.No.003275/CPa.Nir.12025 dated 30.09.2025 and to quash the same and consequently to direct the respondents to consider the claim of the petitioner to continue to work in the Government Middle School for Hearing Impaired, Sanatorium, Tambaram, Chennai 600 047 till the date of retirement on 31.03.2027.

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2. R.V.Dinesh Kumar Additional Government Pleader, takes notice for the respondents.

3. In view of the consent expressed by the learned counsel on either side, this writ petition is taken up for final disposal at the admission stage itself.

4. The learned counsel for the petitioner submitted that the petitioner is presently serving in the Government Middle School for Hearing Impaired, Tambaram Sanatorium. The petitioner was transferred and directed to join the Government Higher Secondary School for Hearing Impaired, Thanjavur vide order dated 26.06.2025 passed by the 1st respondent. According to the petitioner, she is a widow and due to retire from service on 31.03.2027. Apart from that, her mother is 100% visually impaired and also having a 10 year old daughter. Challenging the transfer order, the petitioner had approached this Court earlier by way of filing a writ petition in W.P.No.27932 of 2025 and this Court, by order dated 31.07.2025, directed the respondents to consider the representation of the petitioner. However, even without considering the representation of the petitioner, the 1st respondent has passed the impugned 3/7

order confirming the order of transfer, which is now under challenge.

5. Per contra, the learned Additional Government Pleader appearing for the respondents submitted that in the earlier writ petition being W.P.No.27932 of 2025, the petitioner raised the ground that she is a single mother, having 100% visually impaired aged mother and also having a 10 year old daughter and this Court, by order dated 31.07.2025, held that there is no valid ground to interfere with the order of transfer and also found that the transfer was effected on account of administrative exigencies and disposed of the writ petition and though this Court had directed the petitioner to submit a representation to the competent authority within a period of seven days from the date of receipt of a copy of the order, the petitioner has not sent any representation.

However, the learned counsel for the petitioner had intimated about the order of this Court to the respondents and the order was uploaded on 14.08.2025. However, the petitioner has not sent any representation and hence, the respondents, taking into consideration the representation given by the petitioner's counsel, had confirmed the order of transfer. He further submitted that as on date, there is no students strength in Tambaram and only on administrative exigencies, the petitioner has been transferred to Thanjavur.

the transfer has been effected on account of administrative exigencies and that there is no valid ground to interfere with the said order and the petitioner is still squatting in the same place for the past 10 years avoiding transfer.

6. Heard both sides and perused the materials available on record.

7. The petitioner has been working in Tambaram for the past 10 years and on administrative exigencies, she has been transferred to Thanjavur. The petitioner has earlier approached this Court in W.P.No.27932 of 2025 challenging the order of transfer and this Court found that there is no valid ground to interfere with the said order and granted liberty to submit a representation to the competent authority within a period of 7 days from the date of receipt of a copy of the order. Despite the order being passed and uploaded on 14.08.2025, the petitioner has not approached the competent authority. However, the learned counsel for the petitioner has sent a representation to the respondents and the respondents, after duly considering the same, passed the impugned order.

8. In view of the above facts and circumstances of the case, I do not find any ground to interfere with the order of transfer. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions 5/7

are also closed.

13.10.2025 Index:Yes/No Speaking/Non-speaking order dpq To

1. The Commissioner for the Welfare of the Differently Abled, O/o.the Commissionerate for Welfare of Differently Abled Lady Willington College Campus, Kamarajar Salai, Chennai - 600 005.

2. The District Differently abled Welfare Officer, District Differently abled Office, Collectorate Office Campus, Chengalpattu, Chengalpattu District.

3. The Headmaster, Government Middle School for Hearing Impaired Govt.Service Home Back side, Tambaram Sanitorium Chennai 600 047.

A.D. JAGADISH CHANDIRA, J.

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dpq 13.10.2025 7/7