Dr.K.Puviarasan v. The Chairman (Chief Secretary, Government Of Puducherry)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.9647 of 2020 Dr.K.Puviarasan ... Petitioner vs.

1.

The Chairman (Chief Secretary, Government of Puducherry), Perunthalaivar Kamaraj Medical College Society, Secretariat, Puducherry.

2.

The Director, Vazhudavur Main Road, Kathirkamam, Puducherry.

3.

The Medical Council of India, represented by its Director, MCI Building, Pocket - 14, Sector - 8, Dwarka Phase - 1, New Delhi - 110 077.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the First and Second Respondents herein to pass appropriate orders for re-designation of the Petitioner's post of Lecturer as Assistant Professor with retrospective effect from the date of his initial appointment and to grant him all consequential service and monetary benefits including promotion to the next higher post.

For Petitioner :

Mrs.Priya Ravi For Respondents 1 & 2 :

Mr.Stalin Abhimanyu, Government Advocate (Pondy)

O R D E R

Petitioner has come up with this Writ Petition seeking a direction to the 1st and 2nd respondents herein to pass appropriate orders for re-designation of the post of Lecturer as Assistant Professor with retrospective effect from the date of his initial appointment and to grant him all consequential Page No.1 of 3

service and monetary benefits including promotion to the next higher post.

2. Heard the learned counsel on either side and perused the material documents available on record.

3. Though a larger relief has been sought for in the Writ Petition, at the time of arguments, learned counsel for the petitioner submitted that the petitioner's representation dated 18.12.2019 may be directed to be considered by the Respondents within a stipulated time.

4. Learned Government Advocate (Pondy) appearing for Respondents 1 and 2 sought six months' time to enable the Respondents to consider the Petitioner's representation.

5. In view of the said submissions, without going into the merits of the case, this Court directs the 1st and 2nd Respondents to consider the Petitioner's representation dated 18.12.2019 in accordance with law and also in the light of the MCI Regulations and Guidelines, if applicable, within a period of six months from the date of receipt of a copy of this order, after affording him an opportunity of hearing.

This Writ Petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar ar To:

1.

The Chairman (Chief Secretary, Government of Puducherry), Perunthalaivar Kamaraj Medical College Society, Secretariat, Puducherry.

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2.

The Director, Vazhudavur Main Road, Kathirkamam, Puducherry. 3.

The Director, The Medical Counsil of India, MCI Building, Pocket - 14, Sector - 8, Dwarka Phase - 1, New Delhi - 110 077.

W.P.No.9647 of 2020 aa19/10/2020 Page No.3 of 3