A.Freeda Mary, v. The Director Of Medical Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.Freeda Mary

...Petitioner

-Vs1. The Director of Medical Education, and Research, Kilpauk, Chennai - 600 010.

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

3. The Dean, Thiruvarur Medical College and Hospital, Thiruvarur, Thiruvarur District - 610 004.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to transfer the petitioner back to Mahatma Gandhi Memorial Government Hospital, Tiruchirappalli, where her children are staying with her old parents. For Petitioner : Mr.S.T.Varadarajalu For Respondents : Mr.G.Ameedius Government Advocate

ORDER

This writ petition has been filed for direction directing the respondents to transfer the petitioner back to Mahatma Gandhi Memorial Government Hospital, Tiruchirappalli, where her children are staying with her old parents.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner was appointed as Staff Nurse on 16.12.2011 in the third respondent Hospital. Thereafter, on 03.04.2014, she was sent to Mahatma Gandhi Memorial Government Hospital, Tiruchirappalli, on deputation. She had worked there till 25.05.2022. Thereafter, her deputation was cancelled and she was asked to go back to the third respondent Hospital. Since her parents are living in Tiruchirappalli and the petitioner's children are staying in Tiruchirappalli, the petitioner made a representation to transfer her to the Mahatma Gandhi Memorial Government Hospital, Tiruchirappalli, in the existing vacancy or to the future vacancy.

4. The learned Government Advocate appearing for the respondents submitted that there is no vacancy in the Mahatma Gandhi Memorial

Government Hospital, Tiruchirappali and therefore, the representation submitted by the petitioner cannot be considered.

5. Therefore, the direction sought for in this writ petition cannot be considered. However, if any future vacancy arise in Mahatma Gandhi Memorial Government Hospital, Tiruchirappali, the case of the petitioner may be considered on her representation, on merits and in accordance with law.

6. In view of the above, this writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. There shall be no order as to costs.

19.02.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn G.K.ILANTHIRAIYAN. J, mn

To

1. The Director of Medical Education, and Research, Kilpauk, Chennai - 600 010.

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

3. The Dean, Thiruvarur Medical College and Hospital, Thiruvarur, Thiruvarur District - 610 004.

19.02.2024