Madras HC comes to the rescue of school teacher with cancer

Chennai: Coming to the rescue of a Secondary Grade Teacher working in Ramnad district for over 13 years, who is suffering from ovarian cancer and undergoing chemotherapy treatment and without support of her family members who are living in Tirunelveli, it is difficult to bear with the same, the Madras high court has directed the authorities to transfer her to a Panchayat Union School at Sankarankoil in Tirunelveli district.

Allowing a petition from the teacher P.Vijayakumari, Justice S.Vimala set aside an order of the Director of Elementary Education, rejecting her request to transfer her on health ground to a school in Tirunelveli district.

Pointing out a G.O dated May 29, 2018, which confers priority to certain persons including cancer patients, over others in the matter of transfer, the judge said, “This is a classic case of administrative overreach, negating the G.O, which confers certain benefits on a class of persons, who are at the helm of suffering. Allowing the order (rejection) to stay without any interference would not only be justice denied, but would defeat the very intention for which the G.O was issued. It is high time that an act such as these is not only deprecated, but also the government should take necessary action to curb such acts and put the erring authorities in the proper place. Violation of such government orders, which are issued in the interest of anguished persons, should be viewed seriously and should not be left unattended for the court to step in each and every time to correct such actions by issued a slew of directions”.The judge said the government, pursuant to the directions of this court, passed a G.O dated Sep
tember 21, 2015, directing the authorities to dispose of the representations received within 30 days. The government has also made it clear that if for any reason the authority was not able to dispose of the representation within the prescribed time, the individual should appropriately be informed of the status of his/her representation.

In spite of the said direction, day-in and day-out, this court was flooded with petitions seeking direction for disposal of the representations filed before the authorities. It was not for this court to pass directions to the authorities, in each and every case, to consider the representation and pass orders. It was the bounden duty of the authorities to consider the representation of the individuals and pass orders. However, for reasons best known, the court was made to step in and issue directions for disposing of the representations.