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2025 DAILYLAW 75555 (MAD)

S.SARAVANAN v. SECRETARY TO GOVERNMENT

WP/26160/2025 · 2025-07-17

C Kumarappan

Transfer Petitionbody2025

Judgment text

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W.P.No.26160 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.07.2025 CORAM THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.No.26160 of 2025 and W.M.P.Nos.29456 and 29457 of 2025 S.Saravanan ... Petitioner Vs. 1.Secretary to Government, Differently Abled Welfare Department, Secretariat, Chennai 600 009 2.Commissioner of Differently Abled Welfare, Chennai 600 005 ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, after calling for the records concerned relating to the order dated 04.07.2025 issued by the 2nd respondent in 04.07.2025 in Order No.br/K/e/f/vz;/7085787-eph;?1-2024 in so far as the petitioner is concerned, transferring the petitioner from Vellore to Dharmapuri and quash the same. For Petitioner : Mr.M.Gnanasekar For Respondents : Mr.N.Naveen Kumar Government Advocate O R D E R 1/6 https://www.mhc.tn.gov.in/judis W.P.No.26160 of 2025 By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself. 2. The instant writ petition has been filed with a prayer for issuing a Writ of Certiorari, after calling for the records concerned relating to the order dated 04.07.2025 issued by the 2nd respondent in 04.07.2025 in Order No.br/K/e/f/vz;/7085787-eph;?1-2024 in so far as the petitioner is concerned, transferring the petitioner from Vellore to Dharmapuri and quash the same. 3. Heard the learned counsel for both sides and perused the materials available on record. 4. The learned counsel for the petitioner would submit that the petitioner was recruited to the post of Orthotic Technician and subsequently, he was appointed as Orthotic Technician on 20.10.1999 and posted at Ooty. It is the submission of the petitioner that he was transferred to various places on various occasion and lastly, he was transferred from Vellore to Dharmapuri by the impugned order dated 04.07.2025. The petitioner has challenged the impugned transfer order dated 04.07.2025 mainly on the 2/6 https://www.mhc.tn.gov.in/judis W.P.No.26160 of 2025 ground that his father is a differently abled person and his mother is suffering from tuberculosis and taking treatment in Christian Medical College, Vellore and apart from that, his sister is also having mental ailments. 5. At this juncture, the learned Government Advocate appearing for the respondents would invite the attention of this Court that the petitioner has availed leave from 20.05.2025 to 08.06.2025 for 20 days on the death of his mother and he has also availed leave between 14.10.2024 to 28.10.2024 for 15 days on the death of his father. 6. From the above letters, it is apparent that the petitioner's father died on 13.10.2024 and his mother died on 20.05.2025, whereas in the affidavit, the petitioner has sworn that, as if his father and mother are alive, which is nothing but suppression of fact and approaching the Court with incorrect fact. However, considering his sister's condition, this Court is not inclined to pass any strictures against the petitioner. However, on the ground of suppression of fact, this Court finds no merits in the present writ petition. 7. In the result, the Writ Petition is dismissed. However, the petitioner 3/6 https://www.mhc.tn.gov.in/judis W.P.No.26160 of 2025 is given liberty to give a representation to the respondents. If any such representation is received, the respondents are directed to consider the same and pass order according to it's own merits and in accordance with law. No costs. Consequently, the connected writ miscellaneous petitions are closed. 17.07.2025 Index : Yes/No Speaking order /Non Speaking Order Neutral Citation : Yes/No dm 4/6 https://www.mhc.tn.gov.in/judis W.P.No.26160 of 2025 To 1.Secretary to Government, Differently Abled Welfare Department, Secretariat, Chennai 600 009 2.Commissioner of Differently Abled Welfare, Chennai 600 005 5/6 https://www.mhc.tn.gov.in/judis W.P.No.26160 of 2025 C.KUMARAPPAN, J. dm W.P.No.26160 of 2025 17.07.2025 6/6 https://www.mhc.tn.gov.in/judis