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Madras High CourtWP/21290/2016withdrawn dismissed

Dr.A.C.Thiyagarajan, B.S.M.S, v. The Principal Secretary,

2016-06-27Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2016

CORAM:

THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.No.21290 of 2016 Dr.A.C.Thiyagarajan ... Petitioner Vs.

1. The Principal Secretary, Health and Family Welfare and Indian Medicine Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2. The Principal Secretary and Director of Indian Medicine and Homeopathy, Arumbakkam, Chennai - 600 106.

3. Dr.K.Saleem ... Respondents Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus, to direct the respondents 1 and 2 to fix petitioner's seniority after the last name of Assistant Medical Officer, Tamil Nadu Medical Services whose service was regularized on or before 12.01.1987 taking 12.01.1987 as crucial date following the Judgment passed in W.P(MD)No.3908 of 2009 dated 23.09.2014 by Madurai Bench of Madras High Court and also give notional promotion (time bound) to the post of Medical Officer based on G.O.Ms.No.51, Health and Family Welfare (IM2-1) department dated 25.03.2013 and Letter No.29372/1M2-1/2013-13, dated 08.10.2015 by Secretary to Government, Health and Family Welfare (IM2-1) Department to the Principal Secretary/Commissioner of Indian Medicine and Homeopathy with monetary benefit from 01.04.2013 and pay all terminal benefits to the petitioner based on the same.

For Petitioner :

Mr.D.Sadhasvan For Respondents:

Mr.A.Kumar, Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

The learned counsel appearing for the petitioner seeks permission of this Court to withdraw this writ petition with liberty to file the same before the Madurai Bench of Madras High Court and he has also made an endorsement to that effect.

2. In view of the endorsement made by the learned counsel appearing for the petitioner, this writ petition is dismissed as withdrawn with liberty to file a fresh writ petition before the Madurai Bench of Madras High Court. No costs.

3. The Registry is directed to return the original papers to the petitioner.

-s/dAssistant Registrar(CSII) True Copy Sub-Assistant Registrar To

1. The Principal Secretary, Health and Family Welfare and Indian Medicine Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2. The Principal Secretary and Director of Indian Medicine and Homeopathy, Arumbakkam, Chennai - 600 106.

+1 cc to M/s.D.Sadhasivan Advocate sr.35570/16 +1 cc to Government Pleader sr.35964/16 W.P.No.21290 of 2016 ak(co) aa14/07/2016 https://hcservices.ecourts.gov.in/hcservices/