R. KING Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner before this Court is working as a Cleanliness Worker. His father, who worked as a Teacher in a Juvenile Home, was found missing from 1982 and he was declared dead in the year 2011. According to the petitioner, his brother and sister are mentally retarded since birth and as such, he is the sole bread winner of the family. Thereafter, on his application, he was appointed as Scavenger [present nomenclature - Cleanliness Worker], on compassionate grounds. At present, the petitioner is working as a Cleanliness Worker in the Sub Jail, Usilampatti.

(2.) According to the petitioner, he has to take care of his mentally retarded brother and sister, who are aged about 41 and 40 years respectively. They are having 100% mental disability and even for nature's call and personal hygiene, the petitioner has to take care of them. His grievance is that the duty hour of a Cleanliness Worker is from 06.00 am to 06.00 pm and as such, it is very difficult for him to take good care of them. In such circumstances, he has made a representation to the authorities to transfer him to the post of 'Office Assistant' in the office of the fifth respondent. Since it was not considered, he has filed a writ petition before this Court in W.P.(MD)No.16516 of 2021 and this Court, by order dtd. 14/9/2021, directed the Director General of Prisons to dispose of the said representation. The second respondent, accordingly, has considered the same, but has rejected the request of the petitioner vide the impugned order. Challenging the same, the petitioner has moved the instant writ petition.

(3.) Heard Mr.N.Karthik Kanna, learned Counsel appearing for the petitioner and Mr.P.T.Thiraviam, learned Government Advocate appearing for the respondents.