Swapna v. The Chief Secretary

(Order of the Court was made by The Hon'ble Chief Justice) The issue raised is of beneficial consideration for employment of the members of Transgender community.

2.In respect of the aforesaid, learned counsel for the petitioner, while referring to G.O. (Ms.) No.28, Backward Classes, Most Backward Classes and Minorities Welfare (BCC) Department, dated 06.04.2015, post the judgment of the Hon'ble Supreme Court in National Legal Services Authority vs. Union of India and Others, 2014 (5) SCC 438, submits that there are only 3328 transgenders in Tamil Nadu who have been issued the identity cards. It is her submission that instead of giving reservation as part of MBC category, it may be useful by giving a percentage or a post-based reservation, i.e. say at 3least one post be made available in different categories.

3.We are of the view that the aforesaid plea, thus, merit consideration and we direct the second respondent to look into the same in consultation with all the relevant departments and a decision be taken in this behalf within six (6) months from today.

4.Writ petition accordingly stands disposed of. No costs.

(S.K.K., CJ.) (R.M.D., J.) 05.07.2016 Index : Yes/No Website : Yes/No 1.The Chief Secretary, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 009.

2.The Secretary, Tamil Nadu Social Welfare Dept., Fort St. George, Chennai 600 009.

3.The Chairman, Tamil Nadu Public Service Commission (TNPSC), TNPSC Office, Chennai.

4The Hon'ble Chief Justice R.Mahadevan, J.

(sra) W.P.No.31091 of 2013 05.07.2016