Madras High Court
G.Krishnaveni vs The State Of Tamil Nadu Represented on 20 May, 2020
Author: T.Raja
Bench: T.Raja
W.P.No.7700 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.05.2020
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.7700 of 2020
G.Krishnaveni .. Petitioner
-vs-
1. The State of Tamil Nadu represented
by its Principal Secretary
Health and Family Welfare Department
Fort St.George, Chennai 600 009
2. The Joint Commissioner (Health)
Greater Chennai Corporation
Ripon Building, Chennai 600 003 .. Respondents
Petition under Article 226 of the Constitution of India, praying to issue
a Writ of Certiorarified Mandamus, to call for the records in proceedings
dated 01.05.2020 passed by the second respondent in Na.Ka.No.F5/
0521/2020 by quashing the same and consequently direct the second
respondent to permit the petitioner to continue her services as Maternal
Child Health Officer in the Adyar Medical Zone.
For Petitioner :: M/s.C.Uma
For Respondents :: Mr.J.Pothiraj
Special Government Pleader for R1
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W.P.No.7700 of 2020
ORDER
Mrs.G.Krishnaveni, who has been working as Maternal Child Health Officer, Adyar Zone-13, Greater Chennai Corporation, after joining as Health Officer on 7.2.90 in a centre at Chetpet, Chennai, has been transferred by the impugned order from Adyar Zone-13 to Valasaravakkam Zone-11. Finding fault with the said transfer order, Ms.C.Uma, learned counsel appearing for the petitioner pleaded that the petitioner has been directed to report for duty in the transferred zone with immediate effect without application of mind, especially in the midst of Corona virus pandemic. Secondly, when there is no direct transport facility, it is highly impossible to accept the transfer order to go to Valasaravakkam Zone from Adyar Zone.
2. But this Court is unable to find any justification or merit whatsoever in the challenge made against the impugned transfer order, for the following reasons. Firstly, the petitioner joined the service as Health Officer on 7.2.90 at a centre in Chetpet, Chennai and thereafter, she was 2/6 http://www.judis.nic.in W.P.No.7700 of 2020 posted as Maternal Child Health Officer in the Adyar Zone in the year 2011 and after serving for about nine years in the said place, she has been now transferred to the present station, namely, Valasaravakkam Medical Zone as Maternal Child Health Officer, that too within a distance of about 14 Kms., that comes within Chennai city.
3. Secondly, when the impugned order has been passed directing the petitioner to go to Valasaravakkam Zone, a distance of about 14 Kms., only that can be reached by any one by bus in 30 minutes time, it is highly unjustified on the part of the petitioner to oppose and assail the transfer order, on the ground that she is not physically fine due to the fear of Corona virus pandemic. When the petitioner is serving as Maternal Child Health Officer and her service also comes within the category of “Essential Service”, she cannot, oblivious to the need of the hour, refuse to join in the Valasaravakkam Zone. Since the transfer is not only an incident of service, but also a condition of service, the employer is entitled to transfer any person from one place to another place. If the transfer is necessitated on account of an emergency or natural calamity, when the existing manpower 3/6 http://www.judis.nic.in W.P.No.7700 of 2020 in any area is not adequate to handle the situation, it is always open to the employer to pass the transfer order transferring any person or persons on administrative grounds. In the present case also, it is quite natural that due to the Corona virus pandemic, the Joint Commissioner (Health) has rightly ordered the petitioner to go to the Valasaravakkam zone from Adyar medical zone. But the petitioner, instead of obeying the transfer order, ignoring the fact that she has been transferred to a distance of just 14 Kms., from the present station that is also within the heart of the city, wasting the precious time of the Court and also fighting with the department for no reason, cannot challenge the transfer order. More importantly, when the petitioner has been working in Adyar medical zone from the year 2011, challenging the 14 Kms., transfer order clearly displays her unwilling and non-working conduct and attitude. Therefore, deprecating her conduct, this Court is constrained to impose costs of Rs.25,000/- payable by the petitioner to Avvai Home & Orphanage situated at No.24, 41 Besant Avenue Road, New N.G.O.Colony, Karpagam Gardens, Adyar, Chennai 600 020, within a period of two weeks from the date of receipt of a copy of this order. The second respondent is also directed to ensure the compliance of aforesaid 4/6 http://www.judis.nic.in W.P.No.7700 of 2020 payment of costs by the petitioner. With this observation, the writ petition stands dismissed as devoid of any merit. Consequently, W.M.P.Nos.9058 & 9059 of 2020 are also dismissed.
Speaking/Non speaking order 20.05.2020
Index : yes/no
ss
To
1. The Principal Secretary to Government
Health and Family Welfare Department
Fort St.George, Chennai 600 009.
2. The Joint Commissioner (Health)
Greater Chennai Corporation
Ripon Building, Chennai 600 003
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W.P.No.7700 of 2020
T.RAJA, J.
ss
W.P.No.7700 of 2020
20.05.2020
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