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Judgment
Honourable Mr. Justice D. Hariparanthaman
The petitioner was appointed as Junior Assistant in the Social Welfare Department in the year 1977. She was promoted as Assistant in the year
1989. She was further promoted as Superintendent in the year 1989. In 1989, she was deputed to Integrated Child Development Scheme
(ICDS). She was working in Tiruvallur District at various places on deputation. While so, the petitioner submitted an application for voluntary
retirement from service on 15.12.2011. This application was given to the first respondent. The first respondent returned the same on 31.1.2012
stating that the petitioner shall give an application in the proper format. Thereafter, the petitioner submitted an application in proper format on
02.04.2012. In the mean time, the petitioner was transferred from the office of the Child Development Project Officer, Poonamallee, Tiruvallur
District to Villupuram District by an order dated 30.03.2012.
The petitioner filed this writ petition challenging the said transfer order.
While admitting the writ petition, this court granted stay of transfer on 11.04.2012 in M.P. No. 1 of 2012 in the writ petition.
The respondents 1 and 3 have filed the counter affidavit and also filed a petition to vacate the interim order.
With the consent of both the parties, the writ petition is taken up or final disposal, since the counter affidavit is filed by the respondents 1 and 3.
The learned Government Advocate has also produced written instructions.
Heard both sides.
The petitioner is now aged 55 years. She submitted an application for voluntary retirement. It is also submitted that application in proper format
was submitted on 02.04.2012. However, it is the case of the respondents that since disciplinary action was pending against the petitioner, the
application seeking voluntary retirement could not be considered.
Now, in the written instructions, it is stated that the charge memo was disposed of by passing the final order on 23.04.2012 imposing the
punishment of stoppage of one increment with cumulative effect and hence, the petitioner is now eligible for Voluntary Retirement Scheme (VRS)
after 23.04.2012. It is also stated that copy of the VRS sent by the petitioner on 13.08.2012 by speed post has been forwarded to the Director of
the Social Welfare Department, who has to take appropriate action.
The petitioner belongs to the Social Welfare Department. She came to the Integrated Child Development Scheme (ICDS) on deputation.
Unless the ICDS Department sends her back to the parent department, the Director of the Social Welfare Department can not pass final order on
her VRS application.
In the said circumstances, the first respondent is directed to send back the petitioner to the parent department, i.e., to the Director of the Social
Welfare Department forthwith and the Director of Social Welfare Department is directed to consider the application submitted by the petitioner for
voluntary retirement within a period three weeks from the date of receipt of a copy of this order. In the above circumstances, the impugned order
of transfer is quashed. The writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed.