K. Sarathy vs The Commissioner of Backward Classes and Minorities Welfare Department

M.M. Sundresh, J.—The petitioner is working as a Warden in the Adi Dravidar Welfare Department. He made a request on 20.7.2012 seeking transfer to the Backward Classes and Minority Welfare Department. As his request was not considered, the petitioner approached this Court. This Court in W.P. No. 26054 of 2013 directed the 1st respondent to pass appropriate orders on merits. The request of the petitioner was rejected by the impugned order dated 12.11.2013 on the ground that though the rule governing the post of Warden in the Department of Most Backward Classes and Denotified communities and Welfare provided for method of recruitment, which is inclusive of recruitment by transfer from any other service, as it was not specified in the rule from which service the recruitment by transfer should be made, the request made by the petitioner cannot be considered even though a recommendation has been made by the Director of Adi Dravidar Welfare Department. Challenging the same, the present writ petition has been filed.

Mr. Mani, learned counsel for the petitioner submitted that rule as recorded in the impugned order does not prohibit a transfer from any other service. There is no clear specification of a particular Department. There is no bar for considering the transfer. In fact, the 1st respondent himself has passed an order on 14.5.2012 transferring one Mrs. J. Anbarasi from the Department of Adi Dravidar and Tribal Welfare Department to Backward Classes, Most Backward Classes and Minorities Welfare Department. Therefore, the writ petition will have to be allowed.

Learned Government Pleader appearing for the respondents submitted that since there is no specific rule enabling an employee working in the Adi Dravidar Welfare Department to be transferred and posted to the Department of Backward Classes and Most Backward Classes and Minorities Welfare Department, the impugned order cannot be faulted. Even in the impugned order it has been stated that there is no specific provision for recruitment by transfer from any other service to that of the Backward Classes, Most Backward Classes and Tribal Welfare Department. In other words, the relevant rule provides for transfer from any other service to that of Most Backward Classes and Denotified Community Welfare Department. Therefore, merely because the Rule does not specify the services from which a transfer can be effected, it cannot be termed as a total embargo for a transfer. The rule does not prohibit such a transfer. Perhaps that is the reason why the transfer was effected on the earlier occasion governing the very same rules in favour of one J. Anbarasi from the Adi Dravidar and Tribal Welfare Department to Backward Classes and Most Backward Classes and Minority Welfare Department. In view of the same, this Court is inclined to set aside the order impugned.

Accordingly, the impugned order is set aside and Consequently the 1st respondent is directed to consider the case of the petitioner on merits and in accordance with law by taking into consideration of the recommendation made already by the Director of Adi Dravidar Welfare Department viz., the 2nd respondent as well as the applicability of the earlier decision made on 14.5.2012 and pass appropriate orders within a period of eight weeks from the date of receipt of copy of this order.

The writ petition stands allowed accordingly. However, there is no order as to costs. Consequently, the connected miscellaneous petition stands closed.