Dr.N.Muruganantham v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2021
CORAM
THE HONOURABLE MR. JUSTICE M.GOVINDARAJ WP NO.8733 OF 2021 AND WMP NO.9266 OF 2021 1.Dr.N.Muruganantham 2.Dr.S.Akila .. Petitioners
Versus
1.The State of Tamil Nadu Rep. by its Principal Secretary to Government Health and Family Welfare Department Secretariat, Fort St. George, Chennai - 600 009.
2.The Director of Public Health and Preventive Medicine DMS Compound, Teynampet, Chennai - 600 006.
3.The District Collector / Chairperson District Health Society Nagapattinam District.
4.The Deputy Director of Health Services / Secretary District Health Society Nagapattinam District.
.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioners for selection and appointment to the post of Medical Officer in Mini Clinic / SWC in Nagapattinam District based on the employment of the petitioners as Medical Officer under COVID-19 duty in Medical College Institution, as per eligibility and condition of selection prescribed vide Notification issued by the 2nd respondent in R.No.66143/UHC/S2/2020 dated 03.02.2021 forthwith, with all consequential and other attendant benefits. For Petitioners :Mr.G.Sankaran For Respondents :Mr.R.Govindasamy Special Government Pleader
ORDER
Mr.R.Govindasamy, learned Special Government Pleader takes notice on behalf of the respondents. By consent, the writ petition is taken up for final disposal.
2.Aggrieved over the non-selection of the petitioners to the post of Medical Officer in Mini Clinic / SWC in Nagapattinam District, in spite of being fully qualified and having served during COVID-19 pandemic situation, the petitioners are before this Court.
3.The learned counsel for the petitioners would submit that even though the petitioners fulfilled all the eligibility conditions and called for interview, they were not selected on the whims and fancies of the fourth respondent. Even though the third respondent is the Chairperson of Selection Committee, he has not considered the same. Their requests to third respondent has not been addressed. Hence, the petitioners prays for consideration of their request by the third respondent within a time limit specified by this Court.
4.Considering the facts and circumstances of the case, and without going into the merits of the matter, a direction is given to the third respondent to consider the request of the petitioners for selection and appointment to the post of Medical Officer in Mini Clinic / SWC in Nagapattinam District as Medical Officers and pass orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
5.The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar TK To 1.The Principal Secretary to Government Government of Tamil Nadu Health and Family Welfare Department Secretariat, Fort St. George, Chennai - 600 009.
2.The Director of Public Health and Preventive Medicine DMS Compound, Teynampet, Chennai - 600 006.
3.The District Collector / Chairperson District Health Society Nagapattinam District.
4.The Deputy Director of Health Services / Secretary District Health Society Nagapattinam District.
+2 cc to Mr.G.Sankaran, Advocate, SR.NO.22680 +1 cc to Government Pleader, SR.NO.22790 WP NO.8733 OF 2021 AKII(CO) NS(17/05/2021)