Dr.N.Rathnapriya, v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 16.11.2022 Coram:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P. Nos.7329, 7330, 7331, 7332, 8739 and 8740 of 2015 W.P.No.7329 of 2015:
Dr.N.Rathnapriya D/o Dr.Navaneethakrishnan ... Petitioner Vs.
1.The State of Tamil Nadu Rep by its Principal Secretary to Government Health & Family Welfare Department Secretariat, Fort St.George Chennai - 600 009.
2.The Director of Medical Education Kilpauk Chennai - 600 010.
3.Dr.S.Nirmala Assistant Professor of Microbiology Government Mohan Kumaramangalam Medical College Salem.
4.Dr.Aneeta Alexis Assistant Professor of Microbiology Kanyakumari Government Medical College Page No.1/6
Asaripallam Kanyakumari.
5.Dr.R.Prabhagaravadhanan Assistant Professor of Microbiology Government Stanley Medical College Chennai.
6.Dr.G.Velvizhi Assistant Professor of Microbiology Tirunelveli Medical College Tirunelveli.
7.Dr.M.Sudha Assistant Professor of Microbiology Kanyakumari Government Medical College Asaripallam Kanyakumari.
8.Dr.V.P.Amutha Assistant Professor of Microbiology Tirunelveli Medical College Tirunelveli.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned circular issued by the 2nd respondent in Ref. No.88967/E1/5/2014 dated 04.03.2015 and to quash the same in so far as the respondents 3 to 8, included in the regular panel/temporary promotion panel for the department of Microbiology is concerned and consequently directing the 1st and 2nd respondents to promote the petitioner to the post of Page No.2/6
Associate Professor in Microbiology based on her seniority and eligibility as on 15.03.2014 for the panel year 2014-2015.
For Petitioner :
Mr.G.Sankaran For Respondents :
Mr.A.M.Ayyadurai Government Advocate for RR1 & 2 COMMON ORDER These Writ Petitions have been filed, to call for the records relating to the impugned circular issued by the 2nd respondent in Ref.
No.88967/E1/5/2014 dated 04.03.2015 and to quash the same in so far as the respondents 3 to 8, included in the regular panel/temporary promotion panel for the department of Microbiology is concerned and consequently direct the 1st and 2nd respondents to promote the petitioners to the post of Associate Professor in Microbiology based on their seniority and eligibility as on 15.03.2014 for the panel year 2014-2015. 2.Today, when the matters are taken up for hearing, the learned Government Advocate appearing for the respondents 1 and 2 would submit that the case of the petitioners have been considered by the respondents 1 and 2 and it is found that the petitioners are fit for promotion and Page No.3/6
appointment as Associate Professor of Microbiology. In support of his contention, he produced the G.O.(D).No.1106 Health and Family Welfare (A1) Department dated 18.06.2018 before this Court. 3.Considering the submission made by the learned Government Advocate appearing for the respondents 1 and 2 and also considering the G.O.(D).No.1106 Health and Family Welfare (A1) Department dated 18.06.2018, these Writ Petitions are dismissed as infructuous. However, if the petitioners are aggrieved by the above stated Government Order, they are at liberty to challenge the same in the manner known to law. No costs. 16.11.2022 Index:Yes/No Internet:Yes/No Speaking Order: Yes/No Jer Page No.4/6
To 1.The Principal Secretary to Government State of Tamil Nadu Health & Family Welfare Department Secretariat, Fort St.George Chennai - 600 009.
2.The Director of Medical Education Kilpauk Chennai - 600 010.
Page No.5/6
J.NISHA BANU, J., Jer W.P. Nos.7329, 7330, 7331, 7332, 8739 and 8740 of 2015 16.11.2022 Page No.6/6