K.KAVITHA Vs. COMMISSIONER OF ADI DRAVIDAR WELFARE

JUDGEMENT

(1.) This writ petition is filed by the petitioner initially seeking for a direction to the respondents to allow her to continue as Matron in the Government Girls Hostel (ADW), Gingee, Villupuram District.

(2.) When the matter came up on 27.6.2012, this court while ordering notice to the official respondents to be taken by the learned Government Advocate, in respect of the 4th respondent, private notice was permitted. Thereafter, on 1.8.2012, once again private notice was permitted to the 4th respondent returnable by one week. On 16.8.2012 when the matter came up, this court had directed the third respondent, i. e. , the Special Tahsildar, Adi Dravidar Welfare, Gingee, to be present before this court on 23.8.2012. On 23.08.2012, the third respondent was present and he produced a file showing that an order of transfer was given to the petitioner on 6.7.2012, whereas according to the counter, the order was given as early as 4.6.2012. It was for the respondents to explain as to how the petitioner was relieved on 4.6.2012 itself. Subsequently, on 03.09.2012, this court found that the information given by the third respondent was not satisfactory and hence it directed the Deputy Director, by name Chellaiah, to appear before the court on 04.09.2012. On 04.09.2012, the said officer was present before the court. It was informed that the petitioner never submitted any application during counselling. Therefore, the first respondent, i. e. , the Commissioner for Adi Dravidar Welfare, Chennai, was directed to file an affidavit. On 11.09.2012, this court had recorded the statement of the learned Additional Advocate General that the petitioner had not complied with the transfer order and that on the statement made by the learned Senior Counsel appearing for the petitioner that she was prepared to join duty at the transferred place, she was allowed to join duty on 13.09.2012. The other allegations that similarly placed persons were retained were denied.

(3.) In this case, pursuant to various directions issued by this court, the first respondent Commissioner has filed the following counter affidavits: