Dr.Preethi Lakshmi v. The Director Of Public Health And Preventive Medicine,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2024
CORAM
THE HON'BLE MR. JUSTICE D.BHARATHA CHAKARAVARTHY Dr. Preethi Lakhmi V.
... Petitioner -vsThe Director of Public Health and Preventive Medicine Teynampet, Anna Salai Chennai - 600006.
... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, to direct the respondent to consider the representation of the petitioner dated 13.02.2024 for transferring the petitioner from Government Primary Health Centre, Appamur, Paramakudi Health District to any places in Coimbatore District for the post of Assistant Surgeon (General).
For Petitioner :
Mr. C.Prabakaran For Respondent :
Mr. M.Bindran, AGP
O R D E R
The writ petition is filed with a prayer to consider the representation of the petitioner dated 13.02.2024.
2. The learned Additional Government Pleader appearing on behalf of the 1/4
respondent would bring to the notice of this Court that condition No.12 of the letter inviting the petitioner for counselling, which reads as follows:- "12. The selected individuals if failing to attend the counselling /not opted during the counselling, necessary posting orders will be issued based on their District of residence as in the MRB Application depending on the availability of the vacancies."
3. The learned counsel for the petitioner would submit that the petitioner has two minor children and one among them was diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) who is currently being treated at Coimbatore. Hence, posting the petitioner 400 kilometers away from her residence viz., Coimbatore would cause great prejudice to the petitioner and her minor children.
4. Only in that view of the matter, even though the petitioner was posted in Paramakudi she has made a representation.
5. The place of posting and transfer are incidental to service. The Court cannot interfere in such matters. However, the petitioner had made a 2/4
representation to the respondents, it is for the respondents to consider the same in accordance with law within a period of eight(8) weeks from the date of receipt of a copy of this order.
With the above direction, the writ petition is disposed. No costs. 03.04.2024 Index: Yes/No NCS: Yes/No Speaking order /Non-speaking order Maya To The Director of Public Health and Preventive Medicine Teynampet, Anna Salai Chennai - 600006.
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D.BHARATHA CHAKARAVARTHY, J.
Maya 03.04.2024 4/4