1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2011 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.10516 of 2011 and M.P.(MD)No.1 of 2011 V.Mohandass .. Petitioner Vs. 1.The State Commissioner for the Physically Challenged, Tamil Nadu State, 15/1,Model School Road, Ayiramvilakku, Chennai - 600 006. 2. The Commissioner, The Tamil Nadu Adi Dravidar and Tribal Welfare Department, Chepakkam, Chennai - 600 005. 3.The District Collector, Dindingul District, Dindigul. 4.The District Adi Dravidar and Tribal Welfare Officer, Dindigul District, Dindigul. 5.The Special Tahsildar, Adi Dravidar Welfare Unit -I, Dindigul District, Dindigul. 6.Duraichamy. .. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the fifth respondent made in her proceedings in Na.Ka.No.38/2011/AA dated 06.09.2011 and to quash the same and direct the fourth respondent to pass appropriate orders upon the recommendations of the 2nd respondent in Na.Ka.No.Tha.3/30908/2010 dated 05.08.2011. For Petitioners : Mr.K.Jeganathan For Respondents : Mr.T.S.Mohamed Mohideen, 1 to 5 Additional Government Pleader ORDER Being aggrieved by the order, dated 06.09.2011, passed by the Special Tahsildar, Adi Dravidar Welfare Unit -I, Dindigul, the fifth respondent herein, transferring the petitioner to Government Adi Dravidar Welfare Students Hostel, Kannivadi, as cook, the petitioner has come forward with the present writ petition. https://hcservices.ecourts.gov.in/hcservices/ 2 2.According to the petitioner, he is a differently abled person, with 60% disability. In 2008, he was appointed as cook in Government Adi Dravidar Welfare Hostel for College Students, Dindigul District, vide proceedings of the District Adi Dravidar and Tribal Welfare Officer, Dindigul District, dated 18.04.2008, on consolidated pay. He joined the said college students hostel. Being a differently abled person, he found it difficult to handle big utensils and therefore, he requested the fourth respondent to provide him an alternative employment in his office, that is, in the office of the District Adi Dravidar and Tribal Welfare Office, Dindigul. Subsequently, though provisional transfer order was given to the petitioner, on alternative employment, he was retained in the office, for doing office work. Considering the difficulties expressed by the petitioner and having regard to G.O.Ms.No.151, Social Welfare & Nutritious Meal Programme Department, dated 16.10.2008, the State Commissioner for Differently Abled Persons, Chennai also recommended the case of the petitioner to the Commissioner, Tamil Nadu Adi Dravidar and Tribal Welfare Department, Chennai to provide an alternative employment, instead of cook. 3. It is the case of the petitioner that he is eligible to be considered for the post of office assistant also. Cook and office assistant are in the same cadre, with the same scale of pay. On his request, dated 11.06.2011, and having regard to the difficulties expressed by the petitioner in handling utensils, the Commissioner, Tamil Nadu Adi Dravidar and Tribal Welfare Department, Chennai, the second respondent, instructed the District Adi Dravidar Welfare Officer, Dindigul District to provide an alternative employment. However, on 29.07.2010, the District Adi Dravidar Welfare Officer, Dindigul, the fourth respondent herein, transferred the petitioner from the Government Adi Dravidar Welfare, College Students Hostel, Dindigul, to the Office of Special Tahsildar Welfare Unit No.I, Dindigul, to work as cook, quoting the same, as alternative employment (Maattru Pani). On 05.08.2011, yet another order was also issued by the District Adi Dravidar Welfare Officer, Dindgul, the fourth respondent herein, posting the petitioner, as cook, in Government Adi Dravidar Welfare Students Hostel, Natham. However, it is the contention of the petitioner that, on his request, he was retained in the office of the fifth respondent. It is the grievance of the petitioner that though the Commissioner, Tamil Nadu Adi Dravidar and Tribal Welfare Department, Chennai, the second respondent has instructed the fourth respondent to provide an alternative employment. Within a months time, yet another order of transfer, dated 06.09.2011, has been passed by the Special Tahsildar, Adi Diravidar Welfare Unit No.I, Dindigul, the fifth respondent herein, transferring the petitioner to Kannivadi Government Adi Dravidar Welfare, Students Hostel, Dindigul District to work as cook. 4.Material on record shows that though the petitioner has been selected only as cook in the year 2008, due to physical disability and the difficulties expressed in handling big vessels and utensils used for cooking most of the time, he has been engaged either as an Office Assistant or to do some other alternative work, other than cooking. https://hcservices.ecourts.gov.in/hcservices/ 3 5.Having regard to the language employed in the impugned order passed by the fifth respondent, similar to the one employed by the District Adi Dravidar Welfare Officer, Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader was directed to get instructions, as to whether the fifth respondent is competent to issue an order of transfer. Today, on instructions, from the Deputy Director of Adi Dravidar and Tribal Welfare Department, Chennai, learned Additional Government Pleader submitted that the Special Tahsildar of the Department has no jurisdiction to issue any order of transfer. However, he submitted that the order, dated 06.09.2011, should not be construed, as an order of transfer, but it was only a temporary arrangement made by the Special Tahsildar, posting the petitioner, as cook in Government Adi Dravidar Welfare Students Hostel, Kannivadi, till an alternative arrangement is made. He further submitted that as and when vacancy arises in the post of Office Assistant or in any other suitable job, the petitioner would be accommodated within Dindigul District. 6.Perusal of the orders, dated 29.07.2011 and 05.08.2011 of the District Adi Dravidar Welfare Officer, Dindigul, the fourth respondent herein and enclosed in the typed set of papers at Page 10 & 14 shows that only the above said competent authority has passed the orders of transfer or posted the cooks to various posts/places. The language employed by the fifth respondent is similar to the one found in the above referred orders, passed by the fourth respondent, indicating that it is nothing but an order of transfer and not an alternative placement. Therefore, this Court is unable to accept the contention of the learned counsel for the respondents that the order, dated 06.09.2011, was only an temporary arrangement and it is not a transfer. The impugned order reads that the petitioner, who has been appointed in Adi Dravidar Welfare Unit No.I, Dindigul, has been directed to work, as cook, from 06.09.2011 in Kannivadi Government Adi Dravidar Welfare (Students) Hostel. That apart, the order, dated 06.09.2011, of the fifth respondent is also not in confirmity with the instructions of the second respondent issued in Na.Ka.No.Tha3/30908/2010, dated 05.08.2011, to provide the petitioner, an alternative job than cook, in view of the physical difficulty. Being a differently abled person, the authorities can retain the petitioner in any suitable post, unless his retention is causing any administrative inconvenience or for any other bona fide reasons. 7.In view of the above and having regard to the extent of disablement of the writ petitioner, posting the petitioner, as cook, in a school, would certainly cause inconvenience and for the abovesaid reasons, the impugned order of transfer, dated 06.09.2011, is set aside. 8.In the result, the writ petition is allowed. consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(RTI Act) /TRUE COPY/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 4 To 1. The State Commissioner for the Physically Challenged, Tamil Nadu State, 15/1,Model School Road, Ayiramvilakku,Chennai - 600 006. 2.The Commissioner, The Tamil Nadu Adi Dravidar and Tribal Welfare Department, Chepakkam, Chennai - 600 005. 3.The District Collector, Dindingul District, Dindigul. 4.The District Adi Dravidar and Tribal Welfare Officer, Dindigul District, Dindigul. 5.The Special Tahsildar, Adi Dravidar Welfare Unit -I, Dindigul District, Dindigul. +1cc to The Special Govt.Pleader SR.No.33700 W.P.(MD)No.10516 of 2011 27.09.2011 gcg PA/20.10.2011/4P/7C https://hcservices.ecourts.gov.in/hcservices/