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Madras High CourtWP/21786/2016disposed of

Dr.E.Rajakumar v. The Director Of Public Health

2016-06-24Honourable Ms. Justice R.Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2016

CORAM

THE HONOURABLE Ms. JUSTICE R.MALA W.P.No.21786 of 2016 Dr.E.Rajkumar S/o.K.Elumalai Presently working as Assistant Surgeon Government Primary Health Centre Sarrakkapillaiyur, Omalur Post Salem District .. Petitioner ..Vs..

1.The Director of Public Health and Preventive Medicine Anna Salai, DMS Complex, Teynampet, Chennai - 600 006.

2.The Deputy Director of Health Services Public Health and Preventive Medicine Old District Board Road Salem - 636 001.

3.The Secretary Tamil Nadu Public Service Commission Frazer Bridge Road, VOC Nagar Park Town, Chennai - 600 003.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 06.08.2015 and 06.04.2016 and consequently direct the 3rd respondent to send the result papers to the 1st respondent and further direct the 1st respondent to regularise the petitioner as Assistant Surgeon with all consequential service and attendant benefits as given to his juniors.

For Petitioner : Mr.R.Karthikeyan For Respondent : Mr.P.Chinnadurai, G.A., for RR1 & 2 Ms.Niraimathi, for R3

ORDER

Heard Mr.R.Karthikeyan, learned counsel appearing for the petitioner, Mr.P.Chinnadurai, learned Government Advocate who has taken notice on behalf of the respondents 1 and 2 and Ms.Niraimathi, learned standing counsel who has taken notice on behalf of the third respondent. With the consent of the either side, the writ petition itself is taken up for final disposal. 2.The petitioner has come up with the present writ petition for issuance of a Writ of Mandamus directing the first respondent to consider his representations dated 06.08.2015 and 06.04.2016 and consequently direct the 3rd respondent to send the result papers to the 1st respondent and further direct the 1st respondent to regularize the petitioner as Assistant Surgeon with all consequential service and attendant benefits as given to his juniors.

3.It is the case of the petitioner that after the completion of medical degree, his name was sponsored by the employment exchange for appointment as Assistant Surgeon and he was appointed as such by an order dated 07.09.2010 and posted to the Primary Health Centre in K.N.Pudur, Salem. While the petitioner was working in the said place, he noticed some irregularities in the said Primary Health Centre and when the same was put in notice of the second respondent, instead of taking corrective action, the second respondent threatened the petitioner with dire consequences and hence, the petitioner preferred a complaint against the second respondent on 26.03.2011 and the same was registered as CSR 122 of 2011.

4.Aggrieved against the action of the petitioner, the officials of the Health Department, Salem had instigated one Shanthi, who was working as a part-time help assistant in Government Primary Health Centre, K.N.Pudur to prefer a complaint against the petitioner stating that on 06.05.2011 when she went to the office of Dr.Kalaivani and was talking to her, the petitioner who was also in the said room had thrown an iron chair on her and the same fell on her chest and she fell unconscious. The said Shanthi preferred a complaint on 06.05.2011 and the same was registered as CSR 157/2011 and later registered as FIR in Crime No.389/2011 on 25.05.2011 for alleged offence under Section 324 IPC.

5.While so, the petitioner participated in the special recruitment for regularisation of the temporary services of doctors by conducting an examination by the TNPSC, the third respondent herein and the petitioner obtained 247.50 marks in the Written test and 42 marks in the oral interview, thus totalling 289.50 marks. Further, when the original certificates

were sought to be verified by the second respondent, the second respondent had also issued a NOC dated 07.01.2014 stating that he had no objection for the petitioner herein for attending the oral interview. However, the petitioner was not made permanent in view of the pendency of the criminal case against him. Hence, the petitioner gave representations to the respondents 1 and 3. However the same were not considered till date and so, the petitioner was constrained to file the present writ petition. 6.During the course of the argument, the learned counsel appearing for the petitioner submitted that the petitioner would be satisfied if the representations made by him is considered by the respondents 1 and 3, within the time frame stipulated by this Court. The learned Government Advocate as well the learned standing counsel appearing for the third respondent also consented for the said prayer made by the learned counsel for the petitioner.

7.Considering the peculiar facts and circumstances of the case and also the rival submissions made by both sides, this Court deems it fit to direct the third respondent to consider the petitioner's representation dated 06.08.2015 and also to direct the first respondent to consider the representation given by the petitioner dated 06.04.2016 and pass orders on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order.

8.The writ petition is disposed of accordingly. No costs. pgp -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To 1.The Director of Public Health and Preventive Medicine Anna Salai, DMS Complex, Teynampet, Chennai - 600 006.

2.The Deputy Director of Health Services Public Health and Preventive Medicine Old District Board Road Salem - 636 001.

3.The Secretary Tamil Nadu Public Service Commission Frazer Bridge Road, VOC Nagar Park Town, Chennai - 600 003.

+ 1 cc to M/s.R.Karthikeyan, Advocate SR 35191 + 1 cc to Govt.Pleader SR 35543 rp(co) prk30/6 W.P.No.21786 of 2016