When an employee pleads that he had underwent two heart surgeries and seeks a transfer, it could be considered as a ground for transfer, the Madras High Court has observed, adding that the genuineness of the request and the availability of vacancies and all other relevant issues have to be gone into by the authorities.
Disposing off a petition by Food Safety Officer B. Edward Vedanayagam, Justice D. Hariparanthaman said: “When an employee pleads that he underwent two heart surgeries, the same could be considered as a ground for transfer. However, the genuineness of the request, the availability of vacancies in the said place and all other relevant issues have to be gone into..”
The judge set aside a G.O. rejecting the request for transfer and further remitted the matter relating to the Health Department officials, who shall take into account the materials produced and pass orders on merits and in accordance with law within six weeks.
The petitioner, working as Food Safety Officer in Tamil Nadu Food Safety and Drugs Administration (TNFSDA) in Tiruvallur, sought for a transfer to Chennai citing health reasons.
After his request was rejected by the Health Department contending that seniority of officials was yet to be fixed, he moved the High Court in November last seeking direction to the officials to consider his representation.
The department had considered his representation but rejected his request and hence the petitioner preferred this petition.
During the hearing of the case, the judge said that the High Court’s earlier order to fix seniority has not been complied with.
“The framing of rules and fixing of seniority has nothing to do with the request for transfer. It was absolutely the discretion of the Commissioner, TNFSDA, to accept or reject the request of the petitioner for transfer based on various exigencies and on administrative reasons.”
On hearing both sides, the judge said officials cannot reject the transfer on the ground that seniority was yet to be fixed.
The petitioner’s request has to be considered based on the materials provided by him and the authorities were at liberty to pass orders on merits and in accordance with law.
Consider transfer of officer with heart ailment: Madras HC
CHENNAI: In a rare gesture, the Madras high court has asked a government department to 'positively consider' the request of an officer for transfer to Chennai, on the ground that he had undergone two major heart surgeries.
Justice D Hariparanthaman, coming to the aid of food safety officer B Edward Vedanayagam, recently, said: "When an employee pleads that he underwent two heart surgeries, it could be considered as a ground for transfer. However, the genuineness of the request, availability of vacancies and all other relevant issues have to be gone into by the department."
Vedanayagam who joined government service as leprosy inspector in 1988 became food safety officer in Tiruvallur in September 2011. In April 2014, he cited two heart surgeries he underwent, and sought transfer to a post in Chennai. He had enclosed medical records running to 30 pages as proof of his health condition. The request was rejected on the ground that without fixing seniority, his transfer cannot be considered. In this regard, they cited an earlier order of the high court asking the department to fix seniority in six months.
Justice Hariparanthaman, rejecting their explanation, the high court had given the department six months to work out seniority list, and the period had already lapsed in February 2015 itself. In any case, framing or rules and fixing of seniority had nothing to do with the request for transfer, he said.
Holding that there was no justification for denial of transfer to Vedanayagam, the judge directed the department to positively consider the request for transfer to Chennai based on materials provided by him.
While orders could be passed on merits, request for transfer could not be declined on the ground that seniority is yet to be fixed, he said.
