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Madras High CourtWP/15143/2022disposed of

R.Manimegalai v. The Secretary

2022-06-20Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.15143 OF 2022 R.Manimegalai ... Petitioner .Vs.

1. The Secretary, Health and Family Welfare Department, Fort St. George, Chennai - 09.

2. The Director, Medical and Rural Health Services, DMS Campus, Teynampet, Chennai - 600 006.

3. The Director, Director of Medical Education, Poonamallee High Road, Kilpauk, Chennai - 10.

4. The Dean, Government Tiruvarur Medical College Hospital, Tiruvarur, Tiruvarur District.

... Respondents PRAYER:- Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents to transfer the petitioner to the Government Medical College Hospital, Madurai District, by considering her representation dated 16.05.2022.

For Petitioner : Mr.A.Abdul Rahman For Respondents : Mr.P.Ganesan Government Advocate

ORDER

This Writ petition has been filed seeking to issue a Writ of Mandamus, directing the respondents to transfer the petitioner to the Government Medical College Hospital, Madurai District, by considering her representation dated 16.05.2022.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. The petitioner is working as a Staff Nurse in Thiruvarur Government Medical College Hospital, which is away more than 325 km from her house. Though she had attended more than 3 transfer counseling, she was not able to get transfer to her native place. Since the children are studying at Periyakulam and her husband is serving in Indo-Myanmar Border, she gave a representation dated 16.05.2022, seeking transfer to Government Medical College Hospital, Madurai District. But the respondents did not consider the same. Hence this writ petition.

4. The learned Government Advocate appearing for the respondents submitted that, the representation of the petitioner will be considered and appropriate orders will be passed by the third respondent.

5. Considering the facts and circumstances of the case and also the limited scope of prayer, without expressing any opinion on merits, this court is inclined to pass the following order. i) The respondents are directed to consider the representation of the petitioner dated 16.05.2022 and to pass appropriate orders on its own merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition stands disposed of at the admission stage itself. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mst

To 1.

The Secretary, Health and Family Welfare Department, Fort St. George, Chennai - 09.

2.

The Director, Medical and Rural Health Services, DMS Campus, Teynampet, Chennai - 600 006.

3.

The Director, Director of Medical Education, Poonamallee High Road, Kilpauk, Chennai - 10.

4.

The Dean, Government Tiruvarur Medical College Hospital, Tiruvarur, Tiruvarur District.

+1cc to Mr.A.Abdul Rahman, Advocate, S.R.No.37054 +1cc to the Government Pleader, S.R.No.37643 W.P.NO.15143 OF 2022 PM(CO) PBS/05/07/2022