HC stays transfer of a disabled govt staffer citing existing provision

CHENNAI: The Madras High Court had passed an interim injunction restraining the higher education department from transferring a physically challenged staffer from Chennai to Dharmapuri. The court passed such a direction after referring to provisions and a 2009 Government Order.

Justice Abdul Quddhose passed the orders on hearing a petition filed by J Jothi Bai. The petitioner sought direction to quash a transfer order issued by the higher education department to post her at Dharmapuri from Chennai.

According to the petitioner, she has 79 percent locomotive disability and the move by the authorities is in violation of the provisions of the Rights of Persons with Disabilities Act, 2016, and the order issued by the court of the state commissioner for persons with disabilities.

She further stressed that the Personnel and Administrative Reforms (S) Department had issued a letter in 2009 saying that people with disabilities will not be transferred to other places unless there are administrative reasons and disciplinary actions.

The petitioner submitted that she made several representations to the authorities not to transfer her from Chennai to Dharmapuri citing her disability.

Recording the submissions, the judge wrote, "Since the petitioner is presently working at Chennai, in the interest of justice, till her representation requesting for her retention at Chennai is considered on merits, she will have to be retained at Chennai considering her physical disability."

The high court granted two weeks of time to the respondents to consider and dispose of the representation of the petition based on the merits. The judge barred the state from passing the transfer order against the petitioner till then.