Madras High CourtWP/4669/2018disposed of

A.Poomani, v. The Principal Secretary

2018-08-21Honourable Mr Justice Satrughana Pujahari3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 21.08.2018

CORAM

THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI W.P.No.4669 of 2018 A.Poomani ....Petitioner Vs

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

2. The Director, Medical and Rural Health Services, D.M.S.Campus, Teynampet, Chennai-600 006

3. The Director, Director of Medical Education, Poonamallee High Court, Kilpauk, Chennai-10 ..

Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the third respondent to consider the petitioner's representation dated 26.09.2017 and to transfer the petitioner from Government Multi Super Speciality Hospital, Chennai to Sidha Medical College Hospital, Palayamkottai or Government Medical College Hospital, Tirunelveli.

For Petitioner : Mr.S.Nambirajan For Respondents : Mrs.Thangavadhana Balakrishnan Additional Government Pleader

ORDER

The grievance of the petitioner in this writ petition is that she is working as Staff Nurse at Tamil Nadu Government Multi Super Speciality Hospital, Chennai from 03.02.2014. Her husband who is practising as an Advocate is living at Tirunelveli District along with their children and his aged parents. The case of the petitioner is that though she had

submitted representation on 26.09.2017 to the respondents No.1 and 2 seeking transfer to Government Multi Super Speciality Hospital to Government Sidha Medical College Hospital, Palaiyamkottai where a post is admittedly vacant, the respondents has not yet taken a decision on the same. Hence, she came to file the writ petition challenging such inaction and seeking a writ of mandamus to the third respondent to dispose of her representation in a time bound manner.

2. In spite of opportunity given, no counter affidavit has been filed however. The learned Additional Government Pleader appearing for the respondents submits that the third respondent shall have no objection to take a decision in accordance with law if such representation is pending.

3. Therefore considering the aforesaid facts and submissions made, this Court disposes of this writ petition without seeking any reply affidavit, with the direction to the third respondent to consider the representation of the petitioner and take an informed and considered decision on the same in accordance with law within a period of six weeks from the date of receipt of a copy of this Order.

4. With the aforesaid order, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar lok To

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

2. The Director, Medical and Rural Health Services, D.M.S.Campus, Teynampet, Chennai-600 006

3. The Director, Director of Medical Education, Poonamallee High Court, Kilpauk, Chennai-10 +3cc to Mr.S.Nambirajan, Advocate, S.R.No.58050 W.P.No.4669 of 2018 PA(CO) GSP(10/09/2018)