S.Venmalar, v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.1046 of 2019 Mrs.S.Venmalar ... Petitioner Vs.
1. The Secretary, Health and Family Welfare Department, Fort St. George, Chennai - 09.
2. The Director, Medical and Rural Health Services, D.M.S.Campus, Teynampet, Chennai - 600 006.
3. The Director, Director of Medical Education, Poonamallee High Road, Kilpauk, Chennai - 10.
... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to consider the petitioner representation dated 12.12.2018 and transfer the petitioner from Government Tiruvarur Medical College Hospital, Tiruvarur to the Government Medical College Hospital, Thoothukudi or Villathikulam Government Hospital or any one Government Hospital or any one Urban Primary Health Centres at Thoothukkudi District which is nearest to petitioner native place.
For Petitioner : Mr.R.K.Gandhi For Respondents : Mr.R.S.Selvam Government Advocate
O R D E R
This petition has been filed by the petitioner, seeking for the issuance of Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 12.12.2018 and
transfer the petitioner from Government Medical College Hospital, Tiruvarur to the Government Medical College Hospital, Thoothukudi or Villathikulam or any one of the Government Hospital or any one of the Urban Primary Health Centres at Thoothukkudi District which is nearest to petitioner's native place.
2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3.The case of the petitioner is that she was selected as staff nurse on interview conducted by the 2nd and 3rd respondents and appointed as staff nurse on consolidated pay on 02.09.2009 at Government Primary Health Centre, Sembanur, Sivagangai District. Thereafter, her service was regularized by the 2nd respondent and posted as staff nurse at Government Medical College Hospital, Tiruvarur District on 16.11.2015. She has given representation to the respondents through registered post on 12.12.2018 seeking transfer to her native place or to the Government Hospital or any one of the Government Hospital or to any one urban Primary Health Centres at Thoothukudi District which is nearest to her native place.
However, till date the same has not been considered. Hence, this writ petition. 4.The learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 12.12.2018 and to pass appropriate orders.
5.Considering the limited request made by the learned counsel appearing for the petitioner, I am inclined to issue direction to the respondents to consider the petitioner's representation dated 12.12.2018. Accordingly, the respondents are directed to consider the petitioner's representation dated 12.12.2018 and pass orders on the same on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
6.The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ebsi
To
1. The Secretary, Health and Family Welfare Department, Fort St. George, Chennai - 09.
2. The Director, Medical and Rural Health Services, D.M.S.Campus, Teynampet, Chennai - 600 006.
3. The Director, Director of Medical Education, Poonamallee High Road, Kilpauk, Chennai - 10.
+1cc to Mr.R.K.Gandhi, Advocate, S.R.No.88165 +1cc to the Government Pleader, S.R.No.88749 W.P.No.1046 of 2019 VBA(CO) CS/29/11/2019