Madras High Court
Susila vs The Commissioner Of Backward Classes ... on 22 October, 2024
Author: J.Sathya Narayana Prasad
Bench: J.Sathya Narayana Prasad
W.P.(MD)No.17071 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.10.2024
CORAM
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.(MD)No.17071 of 2022
and
W.M.P(MD)No.12448 of 2022
Susila ... Petitioner
Vs.
1.The Commissioner of Backward Classes Welfare,
Chennai.
2.The District Backward Classes and
Minority Welfare Officer,
Tenkasi District.
3.The District Backward Classes and
Minority Welfare Officer,
Tirunelveli District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorari, calling for the records relating to the impugned
order of the first respondent in Proc.No.B3/4545/2020, dated 15.07.2022 and
quash the same.
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W.P.(MD)No.17071 of 2022
For Petitioner : Mr.H.Arumugam
For Respondents : Mr.M.Senthil Ayyanar
Government Advocate
ORDER
The present writ petition has been filed challenging the order passed by the first respondent vide Proc.No.B3/4545/2020, dated 15.07.2022.
2. The case of the petitioner is that the petitioner has completed M.A., B.Ed., and working as Secondary Grade Matron at Government (BC) School Girls Hostel, Veerasigamani. Originally, she was appointed as cook in the backward class Government Hospital in the year 1999 and she was promoted as Secondary Grade Matron and posted in Kootapuli Most Backward Class Government Girls Hostel, by the order of the third respondent, dated 20.11.2015. Later, she was transferred to Government (BC) School Girls Hostel, Veerasigamani as Secondary Grade Matron. But, she was posted in the post of Tutor Cum Matron in view of her educational qualification as no eligible candidate was available to the post and working as such in the hostel till date. Though, she was eligible to be promoted as Tutor Cum Matron and vacancy in the said post, she was not granted promotion. She has been discharging duties 2/14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.17071 of 2022 and responsibilities of Tutor Cum Matron without any pay for the post. Hence, she made request to the authorities seeking promotion but the same was not considered.
3. Therefore, she filed a writ petition in W.P(MD)No.21324 of 2021 seeking Mandamus to appoint the petitioner as Tutor Cum Matron by considering her representation, dated 04.09.2021. When the writ petition was taken up for hearing, the learned Additional Government Pleader for the respondents therein submitted that the third respondent therein has made recommendation vide letter dated 20.08.2020 to consider the representation of the petitioner and matter is pending before the second respondent therein. Considering the same, this Court vide order, dated 03.02.2022 directing the second respondent therein to consider her representation, dated 04.09.2021 along with the proposal of the second respondent, dated 20.08.2020 and pass orders within a period of 8 weeks from the date of receipt of copy of the order. Since the said order was not obeyed, contempt notice was issued. Hence, the first respondent passed the impugned order vide PROC.No.B3/4545/2020, dated 15.07.2022 transferring the petitioner to Tirunelveli as Secondary Grade Matron with a direction to the third respondent to accommodate the petitioner in anyone of the hostel, where the Secondary Grade Matron post is vacant and further 3/14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.17071 of 2022 request to examine her request for promotion in accordance with the order passed by this Court. The impugned order passed by the first respondent is illegal and affect the seniority of the petitioner.
4. Aggrieved by the same, the petitioner has come forward with the present writ petition.
5. The learned counsel for the petitioner submitted that the petitioner was appointed on 30.11.1999 as Cook and subsequently, in the year 2015, she was promoted as Secondary Grade Matron, in Kootapuli, Tirunelveli District. Thereafter, by the proceeding of the District Backward Classes and Minority Welfare Officer vide proceeding Q2/57605/15> dated 08.02.2016, the petitioner was transferred from Kootapuli to Government Backward Classes School Girls Hostel, Veerasigamani, Tenkasi District and she is working in the said place till date.
6. The learned counsel for the petitioner further contended that the District was bifurcated on 12.11.2019 as Tirunelveli and Tenkasi Districts. Subsequently, on 31.12.2019, the District Collector, Tirunelveli allotted two posts of wardens and matrons for the persons, namely, Chandra and the 4/14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.17071 of 2022 petitioner, namely, Susila. He submitted that in the order, dated 15.07.2022, the petitioner, who was working as Secondary Grade Matron was ordered to work in the post of Tutor Cum Matron in the Government Girls Hostel (BC), Veerasigamani, Tenkasi District. This fact is not correct and the petitioner is working right from 08.02.2016 at Veerasigamani, Tenkasi District and in the impugned order, it is mentioned that the petitioner was working as Secondary Grade Matron at Government Girls Hostel (BC) Veerasigamani is transferred to Tirunelveli District on exercising delegation under Rule No.4 of the Special Rules of Tamil Nadu Backward Classes Welfare Subordinate Service Rule so as to continue to work as Secondary Grade Matron in Tirunelveli District. It is also mentioned that the District Backward Classes and Minority Welfare Officer, Tirunelveli is requested to examine the request of the individual (i.e. Promoting her from Secondary Grade Warden Post to Tutor Cum Matron post in Tirunelveli District) in the capacity of appointing authority in accordance with the Rules in force.
7. The learned counsel for the petitioner further submitted that since the petitioner was all along working in Veerasigamani, Tenkasi District right from the year 2016, she should be allotted Tenkasi District and posted in the post of 5/14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.17071 of 2022 Secondary Grade Matron without transferring her to Tirunelveli, since the native place of the petitioner is Tenkasi District.
8. The Counter affidavit has been filed by the second respondent, dated 29.09.2022.
9. The learned Government Advocate for the respondents would submit that the State Government by way of Government order in G.O.Ms.No.426, Revenue and Disaster Management Department, dated 12.11.2019 ordered to bifurcate Tirunelveli District and two separate Districts were formed, namely, Tirunelveli District and Tenkasi District. Specifically, as per G.O.Ms.No.427, Revenue and Disaster Management Department, dated 12.11.2019 formed Tenkasi District. Thereafter, the District Collector of Tirunelveli District passed an order in Na.Ka.No.Gna3/33793/2019 dated 31.12.2019, thereby ordered to allocate wardens/matrons, who were working in hostels within the jurisdiction of Tenkasi District. In so far as Secondary Grade Matron post is concerned, namely M.Chandra and M.Susila (Petitioner herein) were identified as two Secondary Grade Matrons. Comparing to M.Chandra, the petitioner namely M.Susila is junior most Secondary Grade Matrons. But there is only one Secondary Grade Matron post is available in Tenkasi District. So, the District 6/14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.17071 of 2022 Collector of Tirunelveli District ought to have allocated only one Secondary Grade Matron post. On the other hand, unfortunately, the District Collector of Tirunelveli District allotted two persons for one available post of Secondary Grade Matron in Tenkasi District. Hence, the authorities have to modify the original order passed by the District Collector, dated 31.12.2019 to remove the name of the petitioner and necessary order needs to be passed so as to accommodate the petitioner in the available vacancy of Secondary Grade Matron post in Tirunelveli District. Until then, the petitioner may be allowed to sit idle without any service. Hence, till such exercise of modifying the order of District Collector, Tirunelveli and to pass suitable orders to accommodate the petitioner in the vacant place of Tirunelveli District, the petitioner was allowed to work in Tenkasi District as temporary arrangement. As such, the administrative order was passed on 01.03.2020, the petitioner was transferred to Government Backward Class School Girls Hostel at Veerasigamani as Secondary Grade Matron. It is necessary to clarify that the Secondary Grade Matron post was not at all available in Tenkasi District, in other words, no such post of Secondary Grade Matron post was vacant at the time of passing the order, dated 01.03.2020.
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10. The learned Government Advocate for the respondents would further submit that the only purpose to retain the petitioner in Tenkasi District is until suitable administrative order to accommodate the petitioner in Tirunelveli District is passed, the petitioner was formally allowed to work in Tenkasi District. The second respondent was of the view to accommodate the petitioner in the available promotion post of B.T.Grade Matron in Tenkasi District and to that effect only, the second respondent sent an official letter, dated 20.08.2020 to the first respondent to accommodate the petitioner in any one of the available promotion post of Graduate Matron post in Tenkasi District. But it has been clarified by the higher authorities that the petitioner is not working in the existing and available post in Tenkasi District. In other words, she is not at all working in the sanctioned post in Tenkasi District. It is only a temporary arrangement to keep the petitioner working in Tenkasi District till she has been accommodated as Secondary Grade Matron post in Tirunelveli District. So, the letter of second respondent, dated 20.08.2020 was not given effect and the authorities were preparing to transfer the petitioner from Tenkasi District to Tirunelveli District in any one of the existing vacant places of Secondary Grade Matron post.
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11. The learned Government Advocate for the respondents further submitted that the petitioner being junior most Secondary Grade Matron working in Tirunelveli District was retained in Tenkasi District because of the administrative order passed by the District Collector, Tirunelveli, dated 31.12.2019 and the competent authority was awaiting to transfer the petitioner and accommodate the petitioner in any of the available Secondary Grade Matron post in Tirunelveli District. Considering all those involved facts, the first respondent rightly transfer the petitioner by directing the third respondent to accommodate the petitioner in the available vacancy of Secondary Grade Matron in Tirunelveli District.
12. Heard both sides and perused the available materials on record.
13. In the case on hand, the petitioner was already working as Secondary Grade Matron in Veerasigamani, Tenkasi District right from 08.02.2016 as per the order passed by the third respondent and the petitioner is working in the said place till date. In the impugned order, dated 15.07.2022, it has been mentioned that the petitioner is transferred to Tirunelveli District on exercising delegation under Rule 4 of the Special Rules of Tamil Nadu Backward Classes Welfare Subordinate Service Rule so as to continue to work as Secondary Grade Matron 9/14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.17071 of 2022 in Tirunelveli District. It is also pertinent to note at this Court at the time of admission of the writ petition, this Court has granted interim order, dated 02.08.2022. The relevant portion of the order reads as under:
“2. The impugned order of transfer does not seem to be done on an administrative exigency, since the order of transfer is neither coupled with the place to which the petitioner is transferred nor has the petitioner been relieved. The consequence of the posting orders not made in time would be that the petitioner would neither be in the present place of working nor in the transferred place. Such a procedure of transferring a person without assigning a place of posting may not be proper. Since the order has been posted on 15.07.2022 and the petitioner claims that the post, from which she was transferred, has not been filled up, there shall be an order of status quo as on date.”
14. It is an admitted fact that the petitioner was working as Secondary Grade Matron at Veerasigamani, Tenkasi District till date and it is not correct to say that she has been allowed to work temporarily in Veerasigamani, Tenkasi District as contended by the learned Government Advocate for the respondents.
15. In view of the above, the impugned order passed by the first respondent, dated 15.07.2022 is liable to be quashed. Accordingly, the same is hereby quashed.10/14
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16. In case, the petitioner is promoted to the post of Graduate Matron, she may be accommodated in the existing vacancies as per the written instructions of the second respondent, wherein, it has been stated that the six vacancies to the post of graduate Matron are available and the same is extracted hereunder:
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jpUkhyGuk; 23.07.1993
11/14
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W.P.(MD)No.17071 of 2022
t. tpLjpapd; murhiz xJf;fPL ,ilepiyf; gl;ljhhp murhi
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17. The writ petition stands allowed with the above observations. No costs. Consequently, connected miscellaneous petition is closed.
22.10.2024 NCC:yes/no Index:yes/no Internet:yes/no SN To:
1.The Commissioner of Backward Classes Welfare, Chennai.
2.The District Backward Classes and Minority Welfare Officer, Tenkasi District.
3.The District Backward Classes and 12/14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.17071 of 2022 Minority Welfare Officer, Tirunelveli District.
J.SATHYA NARAYANA PRASAD, J.
SN W.P.(MD)No.17071 of 2022 13/14 https://www.mhc.tn.gov.in/judis W.P.(MD)No.17071 of 2022 22.10.2024 14/14 https://www.mhc.tn.gov.in/judis