Dr.R.Marjorie Raj v. The State Of Tamil Nadu

W.M.P. No.2140 of 2021 in W.P.No.1895 of 2021 Production of the original impugned order of the third respondent in proceedings in Na.Ka. No.21497/C1/2020 dated 07.10.2020, is dispensed with for the present. Accordingly, the petition is ordered.

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Admit.

Issue Rule Nisi.

Call for records by 26.04.2021.

2. Mr.A.Arul Doss, learned Government Advocate takes notice for the respondents and seeks time to file counter. Private Notice is also permitted.

3. It is made clear that Private Notice shall be despatched within three postal working days excluding today either through Speed Post or Registered Post and at the first instance, it is absolutely necessary to file the postal receipt into the Registry to show the despatch of private notice, within two working days from the date of despatch, without waiting for the fate of delivery. On the other hand, the receipt of acknowledgement card / returned cover is the second course of action for the purpose of filing a proof of service so as to hear the matter, after the service is complete and it has got nothing to do with the proof of despatch of private notice at the initial stage. The private notice shall be served by enclosing a copy of the affidavit and the prayer in the Writ Petition, so that as and when parties enter appearance, typeset can be served either on them or counsel representing them.

4. Call on 26 .04.2021 . The respondents are directed to file counter within three weeks from today.

2/3 Note:Registry is directed to send notice within 15 working days from today.

Registry is further directed to upload this order in the Web.

W.M.P. No.2141 of 2021 in

W.P.No.1895 of 2021 This court will make it very clear that the petitioner shall implead the doctors, whose names are referred in paragraph No.10 as respondents in the writ petition. If any promotion is given to them as Joint Directors, ignoring the case of the petitioner, the same shall be informed that mere discharge work in the post of Joint Director and the salary drawn by them or any one of them as Joint Director, shall be recovered and paid to the petitioner, as there shall not be two payments made for one post, in case the writ petition is allowed. The candidates who are going to become Joint Directors, shall make an affidavit that he/she will forego the monetary benefits in the post of Joint Director, which can be recovered from the terminal benefits, when the matter is heard and disposed of finally.

Post the matter on 26.04.2021.

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