S.Usha v. Dr.Kumar Natarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.A.No.1269 of 2017 and C.M.P.No.17638 of 2017 Dr.S.Usha Appellant

Versus

1 Dr.Kumar Natarajan 2 State of Tamil Nadu Rep. by its secretary to Government, Health & Family Welfare Department Fort St. George Chennai 600 009 3 The Directorate of Medical Education Kilpauk Chennai 600 010 4 The Dean Coimbatore Medical College Coimbatore 641 018 Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 6.9.2017 passed in W.P.No.23992 of 2017 on the file of this court.

Prayer in WP.No.23992 of 2017:

Petition presented to this Court to issue a writ of Certiorarified Mandamus calling for the records in respect of the impugned order in office order no.100/E1/2017 dated 16/8/17 passed by 3rd Respondent quash the same based on Government Letter No.31929/A12016-3 dated 16/8/2017 issued by 1st Respondent and consequently direct the respondent to permit the petitioner herein who is the senior most Medical Officer with CMC NO.4470/2005, to continue as the Head of Department of General Medicine in Coimbatore Medical College.

For appellant : Mr.S.Gomathinayagam, Senior Counsel for Mr.G.Harihara Arun Soma Sankar

For RR2 to 4 : Mr.P.S.Sivashanmugasundaram, Special Government Pleader

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the appellant for some time in this regard.

2. Regarding inter se seniority, an order of interim stay was granted in favour of the first respondent by the learned Single Judge and that is under challenge in the writ appeal.

3. It is submitted by the learned counsel appearing for the appellant that there are certain favourable situation for this appellant to designate as Professor/Head of Department. However, we do not want to interfere with the order of interim stay passed by the learned Single Judge since the matter has to be finally decided by the learned Single Judge on the stand taken by the contesting parties therein and the explanation offered by the Government.

4. In view of the above, we request the learned Single Judge to consider the grievance of the writ petitioner herein as well as the first respondent herein and pass appropriate orders at the earliest. The writ appeal is disposed of accordingly. No costs. The connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssk.

To:

1 State of Tamil Nadu Rep. by its secretary to Government, Health & Family Welfare Department Fort St. George Chennai 600 009

2 The Directorate of Medical Education Kilpauk Chennai 600 010 3 The Dean Coimbatore Medical College Coimbatore 641 018 +1cc to MR.G.Harihara Arun Somasankar, Advocate SR.No.73158 +1cc to Government Pleader SR.No.72854 W.A.No.1269 of 2017 NM(CO) SM:23.11.2017