Mrs.Sreeja, v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :03.02.2020
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.2368 of 2020 Mrs. Sreeja ... 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, Poonnamallee High Road, Kilpauk, Chennai 10.
.. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 30.10.2019 and transfer the petitioner from Government Medical College Hospital, Thiruvarur, Thiruvarur District, to the Government Medical College Hospital, Kanyakumari, or Pathmanathapuram Government General Hospital or Government Kulachal Government Hospital or Asaripallam Government Hospital or Arumani Government Hospital or any one Government Hospital or any one Urban Primary Health Centers at Kanyakumari District which is nearest to my native place. For Petitioner : Mr.R.K.Gandhi For Respondents : Mr. K.Parameswaran Government Advocate
O R D E R
This Writ Petition has been filed seeking for the issue of Writ of Mandamus, directing the respondents to consider the representation made by the petitioner and to transfer her to any
of the Government Medical College Hospitals at Kanyakumari or nearby places.
2. The case of the petitioner is that she was initially appointed as Staff Nurse on a consolidated pay at the Government Primary Health Centre in Nagarkoil.
She was thereafter transferred as a Staff Nurse to the Government Medical College, Thiruvarur. According to the petitioner, she is married and she has two children and her entire family is staying at Kanyakumari District. Since the petitioner has to stay at Thiruvarur, she is away from her family and every time she had to travel 500 k.m. Therefore, the petitioner is seeking for request transfer to any of the Hospitals at Kanyakumari or nearby places. The petitioner had given a representation in this regard to the respondents on 30.10.2019. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions .
3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
4. Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the second and third respondents to consider the representation made by the petitioner on 30.10.2019 and pass appropriate orders, on her request transfer, subject to the availability of vacancy, within a period of six weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the second and third respondents along with a copy of the representation dated 30.10.2019 and a copy of this order.
5. This Writ Petition is disposed of with the above directions. No costs.
s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar jv 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, Poonnamallee High Road, Kilpauk, Chennai 10.
+1 CC to The Govt. Pleader sr 8627.
+1 CC to Mr.R.K.Gandhi, Advocate sr 7915.
W.P.No.2368 of 2020 SP(12/02/2020)