K.Kannan v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2020

CORAM:

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.NO. 3091 of 2020 K. Kannan ... Petitioner -Vs1. The Secretary to Government Health and Family Welfare Department Fort St. George, Chennai 600 009

2. The Director of Medical Education Poonamallee High Road Kilpauk, Chennai 600 010 ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus any other appropriate writ or order or direction in the nature of writ to direct the respondents to promote the petitioner as Lecturer by considering the petitioner representation dated 05.12.2018 and 05.03.2019 within a reasonable time and pass such other further relief as this Hon'ble Court may deem fit. For Petitioner : Mr. S. Sivakumar For Respondents: Mr. A. Ansar Government Advocate.

ORDER

This Writ Petition has been filed for a direction to the respondents to consider the representation made by the petitioner on 05.12.2018 and 05.03.2019 to promote the petitioner as a lecturer.

2. The case of the petitioner is that he entered the service of the respondent as a staff nurse in the year 1994. Thereafter, he was promoted as nursing tutor Grade-II in the year 2006. Thereafter, he was promoted as a lecturer in nursing

on 02.03.2016. It is the further case of the petitioner that he was subsequently reverted on 08.12.2016 to his original post of nursing tutor Grade-II, in order to accommodate a senior person. The petitioner has made representations to the respondents through proper channel seeking for promotion to the post of lecturer. Since the same was not considered, the present Writ Petition has been filed before this Court.

3. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

4. According to the petitioner, there is a vacancy in the post of lecturer available as on today.

5. 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 respondent to consider the representations made by the petitioner on 05.12.2018 and 05.03.2019 and pass appropriate orders strictly in accordance with law within a period of four

(4) weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the second respondent along with a copy of the representations dated 05.12.2018 and 05.03.2019 and also a copy of this order.

6. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar bga To

1. The Secretary to Government Health and Family Welfare Department Fort St. George, Chennai 600 009

2. The Director of Medical Education Poonamallee High Road Kilpauk, Chennai 600 010

+1cc to Mr.S. Sivakumar, Advocate SR.No.11475 +1cc to Government Pleader SR.No.11401 W.P.NO. 3091 of 2020 RK(CO) GMY(16/03/2020)