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.
