Dr.Mahabaleshwar Mamadapur v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH and WMP Nos.13730 and 13732 of 2023 Dr.Mahabaleshwar Mamadapur
...Petitioner
Vs 1.The State of Tamil Nadu.
Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai-600 009.
2. Directorate of Medical Education, Represented by the Deputy Director of Medical Education, Kilpauk, Chennai-600 010.
3. The Registrar, The Tamil Nadu Dr.M.G.R.Medical University, 69, Anna Salai, Guindy, Chennai-600 032.
5. The Dean, Madras Medical College, Chennai-600 003.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the proceedings of the impugned order of the 4th respondent bearing R.No.2745231/E7/A1/2022-53 dated 30.11.2022 and to quash the same as illegal and without jurisdiction and 1/4
appoint posting commensurate with the Educational Qualification. For Petitioner : Mr.S.Dinu Prashanth For Respondents : Mr.P.Sanjay Gandhi Government Advocate
ORDER
Heard Mr.S.Dinu Prashanth,learned counsel for the petitioner and Mr.P.Sanjay Gandhi, learned Government Advocate for the respondents.
2. Through the impugned order dated 30.11.2022, the petitioner herein was temporarily appointed as Assistant Surgeon on Agreement under Rule 19(1) of Tamil Nadu Government Servants (Conditions of Service) Act, 2016. Though the petitioner has raised several grounds challenging the order, insofar as it designates him and posting orders are issued, learned counsel for the petitioner submits that the petitioner is willing to join in the place of posting. It is also his submission that the petitioner may be permitted to participate in the transfer counselling whenever it is conducted. The request for participation in the transfer counselling can be considered since it is a right to which the petitioner would be entitled to.
3. In the light of the above submission made, the petitioner is permitted 2/4
to join in the place to which he was posted pursuant to the impugned order within a period of thirty days from the date of receipt of a copy of this order. The respondents shall also permit the petitioner to participate in the next transfer counselling for Non Service Post Graduate Candidate which may be conducted at any date.
4. Since the petitioner is willing to join in the posted place, the respondents shall not initiate or take any action by invoking a bond.
5. With the above observation, the writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 28.06.2023 3/5 Index:Yes/No Speaking order/Non-speaking order sr 3/4
M.S.RAMESH,J., sr To
1. The Principal Secretary, State of Tamil Nadu, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai-600 009.
2. Directorate of Medical Education, Represented by the Deputy Director of Medical Education, Kilpauk, Chennai-600 010.
3. The Registrar, The Tamil Nadu Dr.M.G.R.Medical University, 69, Anna Salai, Guindy, Chennai-600 032.
5. The Dean, Madras Medical College, Chennai-600 003.
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