A.Nithyakalyani, v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.09.2018 Coram The Hon'ble Mr.Justice Satrughana Pujahari Writ Petition No.24362 of 2018 A. Nithyakalyani
...Petitioner
Vs.
1. The Secretary, Government of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.
2. The Director, Directorate of Medical and Rural Health Welfare Services, DMS Compound, Chennai - 600 006.
3. The Joint Director of Health Services, Government Hospital, Kancheepuram - 631 501.
4. Medical Officer, Government Hospital, Thirukalukundram, Kancheepuram - 631 109.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the first respondent to pass orders in the Appeal dated 17.04.2018 filed by the petitioner before the first respondent against the order of the second respondent dated 26.02.2018 made in Na.Ka.No.31144/sika/1/2/2014 within a stipulated time. For Petitioner : Mr.S.Senthilnathan For Respondents: Mrs. Thangavadhana Balakrishnan Additional Government Pleader
O R D E R
Heard, Mr.S.Senthilnathan, the learned counsel appearing for the petitioner and Mrs. Thangavadhana Balakrishnan, learned Additional Government Pleader, who accepts notice on behalf of the respondents With the consent of the learned counsel on either side, the Writ Petition is taken up for disposal at the stage of admission.
2.
The grievance of the petitioner, in this Writ Petition is that, she being penalized in a departmental proceeding, made an Appeal to the first respondent on 17.04.2018, which is pending. Since no order on the same has been passed, she has come to this Court seeking a writ of mandamus to direct the first respondent to pass orders on such Appeal within a reasonable period.
3.
The learned counsel appearing for the petitioner submits that a direction may be issued to the first respondent to dispose of the petitioner's Appeal within a reasonable period.
4.
The learned Additional Government Pleader for the respondents submits that the respondents shall have no objection to consider such Appeal filed by the petitioner and pass orders on the same, if the same is pending, within the time as fixed by this Court, but, in accordance with law.
5.
Regard being had to the aforesaid facts and submissions made, therefore, this Court dispose of the Writ Petition at the stage of admission with a direction to the first respondent to take an informed and considered decision on the Appeal filed by the petitioner within a period of six weeks from the date of receipt of a copy of this order, however, if there is no legal impediment in this regard and the same is pending. No costs.
Sd Sd/- Assistant Registrar(CS V) // True Copy// Sub Assistant Registrar To
1. The Secretary, Government of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.
2. The Director, Directorate of Medical and Rural Health Welfare Services, DMS Compound, Chennai - 600 006.
3. The Joint Director of Health Services, Government Hospital, Kancheepuram - 631 501.
4. Medical Officer, Government Hospital, Thirukalukundram, Kancheepuram - 631 109.
+ 1 cc to Mr.S.Senthil Nathan, Advocate Sr 64327 + 1 cc to The Govt. Pleader, Sr 64570 KR/4/10/18 Writ Petition No.24362 of 2018