Full Judgment
PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings in Na.Ka.No.4321/ne1/3/2010, dated 13.10.2010 passed by the 4th respondent followed by the Letter No.9866/ESI/ne1(2)/10 dated 13.9.2010 and quash the same and to direct the 1st respondent to reinstate petitioner as a Pharmacists under the 3rd respondent.
ORDER
1. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
2. The main contention of the learned counsel appearing for the petitioner is that the petitioner had been transferred from the E.S.I. dispensary, Kelambakkam, Kancheepuram District, to the Royapettah Government Hospital, as a pharmacist, by way of the impugned order, dated 13.10.2010, passed without obtaining her consent for such transfer, by the fourth respondent.
3. The learned counsel appearing for the petitioner had further submitted that the petitioner, who was working as a pharmacist, in the E.S.I. dispensary, Kelambakkam, Kancheepuram District, had been transferred to the Foreign Department, namely, the Royapettah Government Hospital, Chennai, without obtaining her consent and therefore, the impugned order passed by the fourth respondent, dated 13.10.2010, is arbitrary and illegal. Hence, it is liable to be set aside.
4. The learned counsel appearing for the respondents had submitted that the petitioner had been transferred from the E.S.I. dispensary, Kelambakkam, Kancheepuram District, to the Royapettah Government Hospital, Chennai, which is a Foreign Department. He had also admitted the fact that no consent had been obtained from the petitioner, for such transfer.
5. It is a well settled position in law that when a person is transferred from the Home Department to a Foreign Department, the consent of the candidate concerned has to be obtained, as there could be change in the conditions of the service due to such transfer.
6. In such circumstances, this Court is of the considered view that the impugned order passed by the fourth respondent, dated 13.10.2010, without obtaining the consent of the petitioner for transferring her from the E.S.I. dispensary, Kelambakkam, Kancheepuram District, to the Royapettah Government Hospital, Chennai, cannot be sustained in the eye of law. Hence, the impugned order, dated 13.10.2010, passed by the fourth respondent, is set aside. Accordingly, the writ petition is allowed. No costs. Connected M.P.No.1 of 2010 is closed.