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Madras High CourtWP/15422/2021disposed of

Dr.M.Munirathinam v. The Government Of Tamil Nadu

2021-07-26Honourable Mr Justice S.S. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P.No.15422 of 2021 Dr.M.Munirathinam

...Petitioner

Versus

1.The Government of Tamil Nadu, Represented by its Secretary to Government, Personnel and Administrative Reforms (S) Department, Secretariat, Chennai - 600 009.

2.The Director, Directorate of Public Health & Preventive Medicine, 3.The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai - 600 010.

4.The Director, Directorate of Medical and Rural Health Services,

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd respondent, to implement the 1st respondent's Letter (MS) No.92/S/09, dated 22.07.2009, consequently to direct the 2nd respondent to accommodate to the petitioner for the post of Assistant Surgeon (Specialist) under category II of Class I Tamil Nadu Medical Service, to Petitioner, which place is near to petitioner's native place of Pappireddy patti, Dharmapuri District.

For Petitioner : Mr.P.Saravanan For Respondents : Mr.C.Kathiravan Government Advocate

O R D E R This writ petition has been filed for issuance of a writ of mandamus to direct the 2nd respondent, to implement the 1st respondent's Letter (MS) No.92/S/09, dated 22.07.2009 and consequently accommodate the petitioner for the post of Assistant Surgeon (Specialist) under category II of Class I Tamil Nadu Medical Service, which place is near to petitioner's native place of Pappireddy patti, Dharmapuri District. 2.Though this writ petition is filed for issuing a Writ of Mandamus to issue positive directions, learned counsel appearing for the petitioner states that the petitioner will be satisfied if a direction is issued to the 2nd respondent to consider the representation of the petitioner dated 17.06.2021. 3.

Having regard to the limited scope of the prayer that is now sought before this Court by the learned counsel appearing for the petitioner, without expressing any opinion on the merits of the petitioner's representation, this writ petition is disposed of with a direction to the 2nd respondent to consider the representation of the petitioner dated 17.06.2021 in the light of transfer policy as reflected in the letter of Government dated 22.07.2009 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ssr To 1.The Secretary to Government, Personnel and Administrative Reforms (S) Department, Secretariat, Chennai - 600 009.

2.The Director, Directorate of Public Health & Preventive Medicine,

3.The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai - 600 010.

4.The Director, Directorate of Medical and Rural Health Services, +1cc to Mr.P.Saravanan, Advocate, Sr.35442 +1cc to the Government Pleader, Sr.36248 W.P.No.15422 of 2021 NMI[co] NSK 25/08/2021