Madras High CourtWP/5280/2018disposed of

S.Arumugaselvi v. The Director Of Medical

2018-03-09Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.5280 of 2018 S.Arumugaselvi ..

Petitioner -vs1. The Director of Medical Education Kilpauk Chennai 600 010

2. The Director of Medical and Rural Health Services Teynampet Chennai 600 006

3. The Dean Thiruvarur Medical College & Hospital Thiruvarur Thiruvarur District 610 004 .. Respondents Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, to direct the first and second respondents to consider the representation dated 10.02.2018 of the petitioner.

For Petitioner : Mr.S.T.Varadarajulu For Respondents: Mrs.P.Rajalakshmi Additional Government Pleader

ORDER

This writ petition has been filed seeking a mandamus to the respondents 1 & 2 to consider the petitioner's representation dated 10.2.2018 seeking transfer to any one of the three hospitals, namely, (i) Tirunelveli Government Medical College & Hospital; (ii) Tirunelveli Government Siddha Medical College & Hospital or (iii) Melappalayam Government Hospital in the existing or future vacancy.

2. Learned counsel for the petitioner submitted that after acquiring the Diploma in General Nursing and Midwifery course, the petitioner was appointed as a Staff Nurse on 31.8.2007 on

consolidated wages at the Government Hospital, Udumalpet. After her services were confirmed, she was appointed in the Thiruvarur Government Medical College & Hospital, the third respondent herein by an order dated 15.12.2011 and she also joined duty at the said hospital on 16.12.2011 and has been continously working till date. But her grievance shows that her two children aged about 4 years and 2 years are studying in Tirunelveli for the past six years staying with her husband, who is also doing his own business and staying with his parents. It is stated that for the last six years, the petitioner has been shunting from Tiruvarur to Tirunelveli.

Therefore, she has given a representation mentioning the difficulties and the inconvenience faced by her in all these six years, on 10.2.2018 requesting to consider her transfer to any one of the three hospitals, namely, (i) Tirunelveli Government Medical College & Hospital; (ii) Tirunelveli Government Siddha Medical College & Hospital or (iii) Melappalayam Government Hospital in the existing or at least in the arising future vacancy. The said representation has not been considered. Therefore, a direction is sought for.

3. The learned Additional Government Pleader for the respondents submitted that as and when vacancy arises in any one of the aforementioned three hospitals, the case of the petitioner would be considered by the first respondent.

4. Accordingly, this Court hereby directs the first respondent to consider the representation of the petitioner for transfer on humanitarian grounds and pass appropriate orders as and when any vacancy arises in the aforementioned hospitals, since she has been shunting from Tiruvarur to Tirunelveli for the last six years. With this observation, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ss To

1. The Director of Medical Education Kilpauk Chennai 600 010

2. The Director of Medical and Rural Health Services Teynampet Chennai 600 006

3. The Dean Thiruvarur Medical College & Hospital Thiruvarur Thiruvarur District 610 004 +1cc to Mr.S.T.Varadarajulu, Advocate, S.R.No.18238 +1cc to the Government Pleader, S.R.No.18810 W.P.No.5280 of 2018 ev(CO) GSP(26/03/2018)