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Madras High CourtWP/6435/2021closed

G.Yasodha v. The Director Of Medical Education

2021-03-25Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2021

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.6435 of 2021 and W.M.P.Nos. 7021 & 7023 of 2021 G.Yasodha ... Petitioner -Vs1.The Director of Medical Education, Directorate of Medical Education, 162, Periyar EVR Salai, Kilpauk, Chennai-600 010.

2.The Director of Medical and Rural Health Services, 359, DMS Complex, Anna Salai, Chennai-600 006.

3.The Director of Public Health and Preventive Medicine, 361, DMS Complex, Anna Salai, Chennai-600 006.

4.The Dean, Rajiv Gandhi Government General Hospital, Chennai.

5.S.Geetha, Lab Technician Grade-II, Rajiv Gandhi Government General Hospital, Chennai.

6.M.Sumathi, Lab Technician Grade-II, Rajiv Gandhi Government General Hospital, Chennai.

.. Respondents Prayer: Petition is filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the allotment order issued by the first respondent in Proceeding Ref No.61395/E5/2/2019 dated 03.12.2020 (served on the petitioner on 05.03.2021), quash the same and consequently, direct the respondents 1, 2 and 3 to conduct counselling for transfer to the post of Lab Technician Grade II strictly in accordance with the provisions of G.O.(2D) No.131 Health and Family Welfare (A1) Department dated 20.11.2007.

For Petitioner : Mr.S.Santhan For Respondents : Mr.S.Karthikeibalan Govt. Advocate *****

O R D E R

The petitioner has filed this writ petition seeking to quash the allotment order issued by the first respondent in Proceeding Ref No.61395/E5/2/2019 dated 03.12.2020, which was served on the petitioner on 05.03.2021 and to direct respondents 1 to 3 to conduct counselling for transfer to the post of Lab Technician Grade II strictly in accordance with the provisions of G.O.(2D) No.131 Health and Family Welfare (A1) Department dated 20.11.2007.

2. By consent on either side, the Writ Petition itself is taken up for final disposal at the admission stage itself.

3. According to the petitioner, she was appointed as Lab Technician Grade III on 17.07.2014 and she had completed her probation on 17.07.2015 and served in Porur, Thiruvallur District, under the control of the second respondent- Director of Medical and Rural Health Services, Chennai. The third respondent-Director of Public Health and Preventive Medicine, by its Lr.No.70725/E2/S1/2019 dated 12.10.2020 furnished the list of candidates eligible for getting promotion to the post of Lab Technician, Grade II from the post of Lab Technician Grade-III. By virtue of the seniority list published, the petitioner was placed at Sl.No.52 and Seniority No.125 and was subjected to transfer from Porur, Thiruvallur District to Rajiv Gandhi Government General Hospital, Chennai, and to that effect, proceedings of the first respondent dated 03.12.2020 was issued to the petitioner only on 05.03.2021. When the petitioner reported to duty on 06.03.2021, she was not allowed to work in the fourth respondent hospital. Therefore, she is before this Court.

4. After filing the writ petition, the petitioner has made a representation dated 18.03.2021 to the 1st respondent and the first respondent, by proceedings in Ref. No.61395/E5/2/2019 dated 18.03.2021, modified the allotment order and posted the petitioner to the Government Medical College, Omandurar Government Estate, Chennai.

5. Today, when the writ petition is taken up for hearing, the learned Government Advocate has produced the xerox copy of the proceedings of the first respondent dated 18.03.2021,

modifying the allotment order of the petitioner. The said modified allotment order dated 18.03.2021 is taken on file.

6. In view of the above, nothing survives for adjudication in this writ petition and the same is closed. No costs. Consequently, connected miscellaneous petitions are also closed. Sd/- Assistant Registrar (CS III) /TRUE COPY/ Sub-Assistant Registrar raa To 1.The Director of Medical Education, Directorate of Medical Education, 162, Periyar EVR Salai, Kilpauk, Chennai-600 010.

2.The Director of Medical and Rural Health Services, 359, DMS Complex, Anna Salai, Chennai-600 006.

3.The Director of Public Health and Preventive Medicine, 361, DMS Complex, Anna Salai, Chennai-600 006.

4.The Dean, Rajiv Gandhi Government General Hospital, Chennai.

+1CC TO M/S.SPECIAL GOVERNMENT PLEADER, SR.NO. 19932 W.P.No.6435 of 2021 SR.II(CO) KKN 28.04.2021