Arunachalam Shanthi v. The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2020

CORAM:

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.No.2870 of 2020 Arunachalam Shanthi ... Petitioner -Vs1. The Principal Secretary, Health Department, Government of Tamil Nadu, Fort St. George, Chennai 600 009.

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

3. The Director of Medical and Rural Health Services, Chennai - 600 006.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider and dispose the petitioner's representation dated 14.12.2019 for transferring the petitioner from Thiruvannamalai Government Medical College Hospital, Thiruvannamalai to Institute of Mental Health, Kilpauk, Chennai 600 010 at present vacancy or in future vacancy.

For Petitioner : Mr.K.Selladurai For Respondents : Mr.Karthikei Balan Government Advocate

ORDER

This Writ Petition has been filed for the issue of writ of Mandamus, directing the respondents to consider the representation made by the petitioner on 14.12.2019, requesting 1/3

for transfer of petitioner from Thiruvannamalai Government Medical College Hospital, Thiruvannamalai, to Institute of Mental Health, Kilpauk, Chennai 600 010.

2.

The case of the petitioner is that she was originally appointed as Staff Nurse at the Institute of Mental Health, Kilpauk. The petitioner has completed 25 years of service and has already been granted with Special grade and Selection grade. The petitioner had opted for transfer to Thiruvannamalai in a vacant post, since there was no vacancy for the next promotion post at Institute of Mental Health, Kilpauk, Chennai. Now according to the petitioner, several juniors have been promoted, and therefore, at present there are vacancies to the promotion post in the Institute of Mental Health, Kilpauk. Therefore, the petitioner has made a representation to the respondents to transfer the petitioner to the Institute of Mental Health, Kilpauk, Chennai. Since the same has not been considered, the present writ petition has been filed before this Court.

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 2nd and 3rd respondents to consider the representation made by the petitioner on 14.12.2019, on its own merits and in accordance with law and pass appropriate orders, within a period of four weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 2nd and 3rd respondents along with copy of the representation dated 14.12.2019 and also a copy of this order.

5.

This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar 2/3

rka To

1. The Principal Secretary, Health Department, Government of Tamil Nadu, Fort St. George, Chennai 600 009.

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

3. The Director of Medical and Rural Health Services, Chennai - 600 006.

+1cc to Mr.M.Saravana Kumar, Advocate sr.10236 +1cc to Government Pleader SR.NO. 11390 W.P.No.2870 of 2020 pm(co) nr 17/02/2020 3/3