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Madras High CourtWP/20349/2023disposed of

M.Parasuraman v. The State Of Tamilnadu

2023-07-10Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.20349 of 2023 M.Parasuraman ... Petitioner Vs

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

2. The Director of Medical Education, Kulpauk, Chennai - 600 010.

3. The Director of Medical and Rural Health Services, DMS Compound Anna Salai, Teynampet, Chennai - 600 006.

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

... Respondents Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the first respondent to pass Orders to fill up the post of Laboratoary Technician Grade - II in respect 1/5

of vacancies from the year 2021 remain unfilled through recruitment by transfer from the post of Lab Technician Grade - III and consequently direct the respondents to consider the petitioner's promotion to the post of Lab Technician Grade - II as per G.O.Ms.No.358 Health and Family Welfare Department dated 14.09.2020 and in consideration of the representation submitted by the petitioner dated 11.04.2023 within a time frame to be fixed by this Court.

For Petitioner : Mr.P.Ganesan For Respondents : Mr.M.Alagu Gowtham Government Advocate

ORDER

This Writ Petition has been filed to direct the first respondent to pass Orders to fill up the post of Laboratoary Technician Grade - II in respect of vacancies from the year 2021 remain unfilled through recruitment by transfer from the post of Lab Technician Grade - III and consequently direct the respondents to consider the petitioner's promotion to the post of Lab Technician Grade - II as per G.O.Ms.No.358 Health and Family Welfare Department dated 2/5

14.09.2020 and in consideration of the representation submitted by the petitioner dated 11.04.2023 within a time frame to be fixed by this Court.

2. The only grievance of the petitioner is that his promotion has not been considered by the respondents. In this regard he has already given a representation dated 11.04.2023. Hence, he seeks a direction to the respondent to consider the representation of the petitioner.

3. The learned Government Advocate appearing for the respondents submitted that there is no acknowledgement for receipt of the representation sent by the petitioner and if the petitioner gives a fresh representation, the same will be considered on its own merits.

4. In such view of the matter, the petitioner is directed to give a fresh representation to the respondents within a period of two weeks from the date of receipt of a copy of this Order and on such representation being made, the same shall be considered and Orders shall be passed on its own merits within a period of eight weeks thereafter. 3/5

5. With the above direction, this Writ Petition is disposed of. No costs.

10.07.2023 Index:Yes/No vrc To,

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

2. The Director of Medical Education, Kulpauk, Chennai - 600 010.

3. The Director of Medical and Rural Health Services, DMS Compound Anna Salai, Teynampet, Chennai - 600 006.

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

4/5

N.SATHISH KUMAR, J.

vrc WP.No.20349 of 2023 10.07.2023 5/5