A. Hameed Sulthan v. The Joint Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2015

CORAM:

THE HONOURABLE Mr.JUSTICE T.RAJA W.P.(MD)No.17360 of 2015 and M.P.(MD)Nos.1 & 2 of 2015 A.Hameed Sulthan ...

Petitioner Vs.

1.The Joint Director, Medical and Rural Welfare Department, Trichy.

2.The Medical Officer, Government Hospital, Musiri, Trichy District.

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned deviation order passed by the 1st respondent in Na.Ka.No.2211/Ni.2/2015 - 1 dated 07.09.2015, quash the same and consequently, direct the 1st respondent to allow the petitioner to continue his service as Pharmacist in his parent station viz.,Government Hospital, Musiri.

For Petitioner : Mr.V.Vijayashankar For Respondents : Mr.R.Anandharaj, G.A.

O R D E R

This Writ petition has been filed by the petitioner viz.,A.Hameed Sulthan, challenging the impugned order of transfer dated 07.09.2015 passed by the 1st respondent.

2.The case of the petitioner is that while he was working as Pharmacist in Government Hospital, Musiri, Trichy District from 19.06.1999, he came to know certain irregularities committed by the staff in the hospital and therefore, he objected to the same. This infuriated a few persons involved in the alleged irregularities and hence, he has been targeted. As a result, 17(a) enquiry was ordered against him. The said enquiry was completed in the year 2013. Till date without any adverse remarks, the petitioner is working. While so, on 23.05.2014, he has been sent on deputation to the Government Hospital, Lalgudi for a short period. Again by another order dated 15.05.2015 the petitioner was sent on deputation from Government Hospital, Musiri to Trichy Central Prison on account of a vacancy that arose due to the transfer of one Baghyavathi to Srirangam Government Hospital. While the petitioner was working in the said place, again he was transferred from Central Prision, Trichy to Government Hospital, Manapparai.

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3.The learned counsel for the petitioner would submit that the petitioner has to take care of his two school going children and his wife, who is an handicap. That apart, there are several juniors, who are working under him, are not even disturbed and therefore, the impugned order of transfer is liable to interfere with on humanitarian consideration.

4.But, this Court finds no merits in any of the ground raised in this Writ petition. Reason is that the petitioner has been transferred within Trichy District ie., from Lalgudi to Manaparai, which is only having about 40 kms. The transfer is not only a condition of service, but, also incident of service. As the said transfer is within the District at a distance of 40 kms., this Court is not inclined to entertain the Writ petition.

5.Accordingly, the Writ petition fails and the same is dismissed. No costs. Consequently, connected M.Ps.are closed. Sd/- Assistant Registrar(co) /True Copy/ Sub Assistant Registrar.

To 1.The Joint Director, Medical and Rural Welfare Department, Trichy.

2.The Medical Officer, Government Hospital, Musiri, Trichy District.

+2CC to M/S.V.Vijay Shankar, Advocate, SR.No. 56532 +1CC to The Special Government Pleader, SR.No.56812 W.P.(MD)No.17360 of 2015 and M.P.(MD)Nos.1 & 2 of 2015 25.09.2015 AM/06.11.2015/NGM.SS/SAR-II/2P/6C https://hcservices.ecourts.gov.in/hcservices/