A.Freeda Mary v. Dr.Shanthi Malar And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2023

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Cont. P. No.971 of 2023 A. Freeda Mary ... Petitioner Vs.

1. Dr. Shanthi Malar, The Director of Medical Education, Kilpauk, Chennai - 600 010.

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

3. Joseph Raj The Dean, Thiruvarur Medical College & Hospital, Thiruvarur, Thiruvarur District - 610 004.

... Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for having committed willful contempt by disobeying the order of this Court made in W.P. No.28520 of 2022, dated 28.10.2022.

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For Petitioner : Mr.S.T. Varadarajalu For Respondents : Mr.V. Ramesh Government Advocate

ORDER

A compliance report has been filed by the first respondent, which is taken on record by this Court. As seen from the compliance report, dated July 2023, the representation of the petitioner dated 08.10.2022 has been considered pursuant to the directions given by this Court on 28.10.2022 in W.P. No.28520 of 2022. In the said representation, the petitioner had sought to transfer her back to Mahatma Gandhi Memorial Government Hospital, Tiruchirapalli. As seen from the compliance report, as on date, there are no vacancies in the Mahatma Gandhi Memorial Government Hospital, Tiruchirapalli and therefore, the petitioner could not be accommodated there.

2. However, the learned counsel for the petitioner would submit that though a vacancy was available immediately after the passing of the order dated 28.10.2022 in W.P. No.28520 of 2022, the 1st respondent did not fill up the petitioner in the said vacancy but had allotted the vacancy to another person. However, he would admit that as on date, there are no vacancies available. The only direction given by this Court in its order 2/4

dated 28.10.2022 in W.P. No.28520 of 2022 which is the subject matter of this Contempt Petition was to direct the 1st respondent to consider the petitioner's representation seeking to transfer her back to Mahatma Gandhi Memorial Government Hospital, Tiruchirapalli. Having considered the said representation by the order of the respondent dated 05.06.2023 as seen from paragraph 9 of the compliance report filed by the 1st respondent, nothing survives for further adjudication in this contempt petition as the scope of the contempt petition is limited. Accordingly, this contempt petition is closed. If aggrieved by the order of the respondent, dated 05.06.2023, the petitioner is always at liberty to challenge the same in the manner known to the petitioner under law. 07.07.2023 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 3/4

ABDUL QUDDHOSE, J.

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