Diana Ponmani v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Diana Ponmani ..

Petitioner Vs.

1.The Secretary to Government, Health & Family Welfare Department, Fort St.George, Chennai - 9.

2.The Director of Medical & Rural Health Services, DMS Compound, Teynampet, Chennai - 16.

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

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus, directing the respondents to consider the claim of the petitioner for a transfer to Kanyakumari District in the light of the representation made by the petitioner dated 08.04.2024 within a reasonable time and grant such other further relief.

For Petitioner : Mr.M.Vignesh Raj For Respondents : Mr.Bindhran Additional Government Pleader

ORDER

This is yet another case where the petitioner who is working as Nursing Superintendent wants to go back to her native district namely Kanyakumari. This Court takes notice of the fact that there are more numbers of nurses among persons who are the natives of Kanyakumari District who are working as Staff Nurses/Nursing Superintendents. But, the selection is state wise. Therefore, they are all appointed and are being posted in different places. However, after getting appointed, every individual wants to go back to Kanyakumari. As a result of which, the respondents could not accommodate the request transfer, as far as Kanyakumari District is concerned.

2. It is trite proposition that in respect of the place of posting, the employee cannot dictate and she is supposed to work, wherever she is

posted. It is the domain of the respondents. Requests that are made by the employees shall be considered as per the guidelines by keeping a request seniority. Therefore, the representation of the petitioner dated 08.04.2024 shall also be treated as a request for transfer and as and when the general transfer on the basis of request transfer is taken up, depending on the vacancies, at that point of time and depending on the request transfer seniority, the case of the petitioner can also be considered.

3. This writ petition is disposed of. No costs. 21.06.2024 jas

To:

1.The Secretary to Government, Health & Family Welfare Department, Fort St.George, Chennai - 9.

2.The Director of Medical & Rural Health Services, DMS Compound, Teynampet, Chennai - 16.

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

D.BHARATHA CHAKRAVARTHY,J.

jas 21.06.2024