B.Manjula v. The Director Of Medical Education And Research
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-03-2025
CORAM
THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN B.Manjula Petitioner Vs
1. The Director of Medical Education and Research No.162, Periyar EVR High Road, Kilpauk, Chennai 600010.
2.The Director of Medical and Rural Health Services, No.359, DMS Complex, 361, Anna Salai, Chennai 600006.
3.The Residential Medical Officer (RMO) ESI, Vellore District 4.The Medical Officer Employees State Insurance (ESI) Dispensary, Arni, Tiruvannamalai District.
5.G.Radha, Government Hospital, Arani, Tiruvannamalai District.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the allotment order in Ref.No.89312/E5/2/2024 dated 06.01.2025
issued by the first respondent in so far it relates to posting of the petitioner at Government Hospital, Polur, Tiruvannamalai district, quash the same and consequential direction directing the first and second respondents herein to post the petitioner at the second respondent office in view of her representation dated 09.01.2025.
For Petitioner(s):
G.Mageshkumar For Respondent(s):
Mr.M.Bindran Additional Government Pleader
ORDER
The writ petition has been filed in the nature of Certiorarified Mandamus seeking records relating to the order dated 06.01.2025 issued by the first respondent, by which order, the petitioner was transferred to Government Hospital, Polur, Tiruvannamalai district and quash the same. 2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner had joined the Para-Medical service as Lab Technician Grade - III and her services had been confirmed in the year 2014. She claims that she is disabled to the extent of 50% and she had suffered from polio attack and her left leg does not function as a normal leg. It had been contended that she is a
resident of Arani Town and in view of of her physical disability, it would be helpful, if she is posted in and around Arani. It had been contended that she had been transferred to Government Hospital, Polur, Tiruvannamalai district, which is about 30 km away. Petitioner seeks that she may be accommodated at ESI Arani, within the same district.
3.The learned Additional Government pleader stated that ESI at Arani comes under The Director of Medical and Rural Health Services. 4.Liberty is given to the petitioner to give a representation to the Director of Medical and Rural Health Services and if she gives a representation, the second respondent may examine that particular representation and also consider the difficulties faced by the petitioner in travelling everyday with a leg, which is affected by polio and then pass a considered order. The second respondent must keep in mind that to a little extent they also have the responsibility to examine the comfort of their employees, particularly, those who are physically disabled. If representation is given that should be considered within a period of four
weeks from the date of receipt of a copy of that representation. If required, the second respondent may also afford an opportunity of being heard to the petitioner to place the medical certificates before the second respondent. 5.The writ petition stands disposed of. No Costs. Consequently, connected miscellaneous petitions, if any, are also closed. 21-03-2025 sli Index:Yes/No Speaking/Non-speaking order Internet:Yes
To
1. The Director of Medical Education and Research No.162, Periyar EVR High Road, Kilpauk, Chennai 600010. 2.The Director of Medical and Rural Health Services, No.359, DMS Complex, 361, Anna Salai, Chennai 600006.
3.The Residential Medical Officer (RMO) ESI, Vellore District 4.The Medical Officer Employees State Insurance (ESI) Dispensary, Arni, Tiruvannamalai District. 5.G.Radha, Government Hospital, Arani, Tiruvannamalai District.
C.V.KARTHIKEYAN J.
sli 21-03-2025