Madras High CourtWP/7349/2016dismissed as infructuous

T.S.Venkateswaran, v. The State Of Tamil Nadu,

2024-08-12Honourable Mrs Justice N. Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.08.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N. MALA and WMP.No.6597 of 2016 T.S.Venkateswaran ... Petitioner Vs.

1. The State of Tamil Nadu Rep.by its Principal Secretary to Government Health & Family Welfare Department, Secretariat, Fort St.George, Chennai 600 009.

2. The Director of Medical & Rural Health Services, DMS Compound, Teynampet, Chennai 600 006.

3. The Director of Medical Education, Kilpauk, Chennai 600 010.

4. The Director of Public Health & Preventive Medicine, DMS Compound, Teynampet, Chennai 600 006.

5. The Member Secretary, Medical Services Recruitment Board, 7th Floor, DMS Building, No.359, Anna Salai, Teynampet, Chennai 600 006.

... Respondents

PRAYER : Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Certiorarified Mandamus to call for the records relating to the impugned Notification issued by the 5th respondent in Notification No.8/MRB/2016 dated 31.01.2016 and to quash the same and consequently direct the respondents 1 to 4 to grant promotion to the petitioners working as Lab Technician Grade III in Tamil Nadu Public Health Subordinate Services to the post of Lab Technician Grade II in Tamil Nadu Medical Subordinate Services as per Special Rules as amended in G.O.Ms.No.39 Health & Family Welfare Department dated 05.02.2007 based on the proposal forwarded by 4th respondent in R.No.85240/E2/S1/2013 dated 01.10.2014 and R.No.77727/E2/S1/2014 dated 24.10.2014 within a time frame to be fixed by this Court.

For Petitioner : Mr.G.Sankaran Senior Counsel for Mr.S.Nedunchezhiyan For Respondents : Mr.K.Tippusultan for R1 to R4 Mr.L.Murugavelu for R5

O R D E R

Today, when the matter is taken up for hearing, the learned Senior Counsel appearing for the petitioner submitted that the matter has now become infructuous and nothing survives in this writ petition for further adjudication. However the learned Senior Counsel prays that liberty may be given to claim

seniority based on year wise panel from the year 2013 onwards and the representation was also given for the same.

2. Though the learned Senior Counsel submits that the representation has already been given but copy of the same has not been produced before this Court, therefore, this Court is not able to give any positive direction. It is always open to the petitioner to work out his remedy in the manner known to law.

3. In view of the above submission made by the learned Senior Counsel for the petitioner, the writ petition stand dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is also closed. 12.08.2024 (2/2) dpq Index : Yes /No Speaking Order : Yes/No N. MALA , J.

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