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Madras High CourtWP/4249/2021dismissed

G.Vijay v. The Director (Rectt),

2021-03-15Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2021

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.4249 of 2021 & WMP No.4852 of 2021 G.Vijay ... Petitioner -vs1.The Director(Rectt), ESIC Headquarters Office, CIG Marg, New Delhi-110 002.

2.The Dean, PGIMSR, ESIC Hospital, K.K.Nagar, Chennai-600 078.

3.The Deputy Director(A) ESIC Hospital, K.K.Nagar, Chennai-600 078.

4.G.Bhaskar, The Deputy Director(F) ESIC Hospital, K.K.Nagar, Chennai-600 078.

5.Dr.Meenakshisundaram, Associate Professor, ESIC MC & PGIMSR Hospital, K.K Nagar, Chennai-600 078.

... Respondents Prayer: Petition is filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records on the file of the third respondent by an order in 512A/12/18/Rectt/2015 dated 11.10.2017, quash the same and direct the respondents to consider the experience certificate produced by the petitioner, which was issued by appropriate Doctor and appoint the petitioner to the post of 'Nursing Orderly' as per the newspaper advertisement 08.12.2015. For Petitioner : Mr.B.S.Sundaramoorthi For Respondents : Mr.K.M.Venugopal Special Government Pleader (Co-operatives)

O R D E R

The petitioner has filed this writ petition seeking to quash the proceedings of the third respondent in 512A/12/18/Rectt/2015 dated 11.10.2017 and direct the respondents to consider the experience certificate produced by the petitioner, which was issued by appropriate Doctor and appoint the petitioner to the post of 'Nursing Orderly' as per the newspaper advertisement 08.12.2015.

2.This Court, by an order dated 26.02.2021 directed the learned Special Government Pleader appearing for the respondents to ascertain the genuineness of Raj Clinic located at Old No.8, New No.14, 3rd Street, Seetha Nagar, Nungambakkam, Chennai600 034, and the certificate produced by the petitioner before this Court. However, the learned Special Government Pleader is not able to get the details whether the Doctor attached to Raj Clinic is a genuine person or not. The relief can be sought by the petitioner only before the Central Administrative Tribunal(CT) and not by way of writ petition before this Court. Accordingly, the writ petition stands dismissed as not maintainable. No costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar raa To 1.The Director(Rectt), ESIC Headquarters Office, CIG Marg, New Delhi-110 002.

2.The Dean, PGIMSR, ESIC Hospital, K.K.Nagar, Chennai-600 078.

3.The Deputy Director(A) ESIC Hospital, K.K.Nagar,Chennai-600 078.

4.G.Bhaskar, The Deputy Director(F) ESIC Hospital, K.K.Nagar, Chennai-600 078.

5.Dr.Meenakshisundaram, Associate Professor, ESIC MC & PGIMSR Hospital, K.K Nagar, Chennai-600 078.

6.The Registrar Central Administrative Tribunal(CT)Chennai.

W.P.No.4249 of 2021 15.03.2021 PMK(CO) RG.28.04.2021(3P/7C)