HC directs dept to positively consider transfer request

The Madras High Court has asked the Tamil Nadu Food Safety and Drugs Administration Department to 'positively consider' the request of an officer for transfer to Chennai on the ground that he had undergone two major heart surgeries.
"When an employee pleads that he underwent two heart surgeries, it could be considered as a ground for transfer. However, the genuineness of the request, availability of vacancies and all other relevant issues have to be gone into by the department," Justice D Hariparanthaman said.
The judge was passing orders on a petition filed by food safety officer B Edward Vedanayagam.
Vedanayagam, who joined government service in 1988, became food safety officer in Tiruvallur district in September 2011.

In April 2014, he cited two heart surgeries he underwent and sought transfer to a post in Chennai. The request was rejected on the ground that without fixing seniority, his transfer cannot be considered. In this regard, authorities cited an earlier order of the high court asking the department to fix seniority in six months.
Justice Hariparanthaman, rejecting the explanation, said the high court had given the department six months to work out seniority list and the period had already lapsed in February 2015 itself.
In any case, framing or rules and fixing of seniority had nothing to do with the request for transfer, the judge said.

Holding that there was no justification for denial of transfer to Vedanayagam, the judge directed the department to positively consider the request for transfer to Chennai based on materials provided by him. While orders could be passed on merits, request for transfer could not be declined on the ground that seniority is yet to be fixed, he said.