Dr.P.K.Asokan, Ms (Gs) v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN W.P.NO.17044 OF 2021 AND W.M.P.NOS.18074 & 18076 OF 2021 Dr.P.K.Asokan ... Petitioner .Vs.

1. The Government of Tamil Nadu, Health and Family Welfare Department, Rep. by its Secretary to Government, Secretariat, Chennai - 600 009.

2. The Director of Medical & Rural Health Services, No.359, DMS Complex, Anna Salai, Teynampet, Chennai - 600 018.

3. The Director of Medical & Rural Health Services (ESI), DMS Complex, Anna Salai, Teynampet, Chennai - 600 018.

4. Dr.Venkata Madhu Prasad ... Respondents PRAYER:- This Petition filed under Article 226 of the Constitution of India, seeking a Writ of Certiorarified Mandamus calling for the records of the impugned posting orders in (1) Ref.No.007789/E3/ 1/2021-2, dated 15.02.2021 and (2) Ref.No.009007/E3/1/2021-36, dated 15.02.2021 issued by the respondent No.2 and quash the same and consequently to post the petitioner as the Medical Superintendent of ESI Hospital, Ayanavaram, Chennai. For Petitioner : Mr.K.Prabhu For Respondents 1 to 3 : Mr.C.Kathiravan Government Advocate

O R D E R

(The case has been heard through video conference) By consent of the learned counsel on either side, this writ petitions is taken up for final disposal and is disposed of by means of this order.

2. Mr.C.Kathiravan, learned Government Advocate accepts notice on behalf of the respondents 1 to 3.

3. The petitioner has filed the present writ petition seeking to call for the records of the impugned posting orders in Ref.No.007789/E3/1/2021-2, dated 15.02.2021 and Ref.No.009007/E3/1/2021-36, dated 15.02.2021 issued by the respondent No.2 and quash the same and consequently post the petitioner as the Medical Superintendent of ESI Hospital, Ayanavaram, Chennai.

4. This Court heard the submissions of the learned counsel on either side and perused the materials placed before it.

5. Though the prayer in this writ petition is for a larger relief, the learned counsel for the petitioner has confined his argument to the limited extent of directing the second respondent to consider and dispose of the representation of the petitioner dated 19.07.2021, expeditiously.

6. This Court considering the limited prayer now sought for by the learned counsel for the petitioner, without going into the merits of the case, direct the second respondent to consider and dispose of the representation of the petitioner dated 19.07.2021, on merits and in accordance with law and pass appropriate orders as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner herein.

7. With the above directions, this writ petition stands disposed of. Consequently, the connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kk

To

1. The Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai - 600 009.

2. The Director of Medical & Rural Health Services, No.359, DMS Complex, Anna Salai, Teynampet, Chennai - 600 018.

3. The Director of Medical & Rural Health Services (ESI), DMS Complex, Anna Salai, Teynampet, Chennai - 600 018.

+1cc to Mr.K.Prabhu, Advocate, S.R.No.41528 +1cc to the Government Pleader, S.R.No.41369 W.P.NO.17044 OF 2021 AND W.M.P.NOS.18074 & 18076 OF 2021 RLD(CO) PBS/21/09/2021