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Madras High CourtWP/2132/2016disposed of

P.Krishnaveni v. The Secretary To Government

2016-01-22Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.2132 of 2016 and WMP.No.1851 of 2016 P.Krishnaveni Staff Nurse, Government Hospital, Ooty, Nilgiri District.

..Petitioner Vs.

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

2 The Director Medical and Rural Health Services (ESI), Tynampet, Chennai-600 006.

..Respondents Prayer: The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent No.2 to consider and dispose of petitioner's representation dated 14.01.2016 and thereby grant transfer as prayed in the said representation. For Petitioner : Mr.S.Senthil Nathan For Respondents : Mr.M.L.Mahendran Government Advocate

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2. The case of the petitioner is that she was appointed as a Staff Nurse and joined the service on 24.09.2013. The petitioner would further state that she developed post pregnancy problems and is suffering from back pain due to the same. Further, the petitioner has to take care of her one year old

child and aged parents-in-law.

Therefore, she made a representation dated 14.01.2016 seeking for transfer to ESI Hospital, Sivakasi.

3. The petitioner would further state that there are vacancy in Virudhunagar District due to promotion of the Staff Nurse to the post Superintendent Nurse Grade - II. Since the respondent has not passed any order on the representation made by the petitioner, the present writ petition has been filed.

4. Heard Mr.S.Senthil Nathan, learned counsel appearing for the petitioner and Mr.M.L.Mahendran, learned Government Advocate, who accepts notice on behalf of the respondents.

5. This Court, considering the submission of the learned counsel for the petitioner and without going into the merits of the case, directs the second respondent to consider and dispose of the representation of the petitioner dated 14.01.2016 and pass appropriate orders on merits and in accordance with law, 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.

The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. sms Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1 The Secretary to Government, Department of Health and Family Welfare, Secretariat, Fort St. George, Chennai-600 009.

2 The Director, Medical and Rural Health Services (ESI), Tynampet, Chennai-600 006.

+ 1 cc to Mr.S.Senthil Nathan, Advocate Sr 3645 + 1 cc to The Govt.Pleader, Sr 4064 KR/28/1/16 W.P.No.2132 of 2016 and WMP.No.1851 of 2016