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Madras High CourtWP/21326/2021disposed of

N.Subramanian v. The State Of Tamilnadu

2021-10-04Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.21326 of 2021 (Through Video Conferencing) N.Subramanian ... Petitioner Vs

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

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

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to promote the petitioner to the post of Librarian Grade-I in the light of the order passed in W.P.Nos.19591 of 2013 and 28221 of 2014 dated 10.02.2020 and promote the petitioner against the vacancy for the year 2010-2011 on par with his junior and to pay all the consequential monetary and service benefits by considering the petitioner's representation dated 24.06.2021.

For Petitioner :

Mr.R.Jayaprakash For Respondents :

Mr.L.S.M.Hasan Fizal Government Advocate

ORDER

Mr.L.S.M.Hasan Fizal, learned Government Advocate takes notice on behalf of the respondents.

2. The petitioner has sent a representation dated 24.06.2021 to the Director of Medical Education second respondent herein, to promote the petitioner to the post of Librarian Grade-I on par with his juniors in terms of the decision of the Hon'ble https://hcservices.ecourts.gov.in/hcservices/

Madurai Bench of this Court in W.P(MD).No.13673 of 2013 vide order dated 03.02.2017 and in W.P.Nos.19591 of 2013 & 28221 of 2014 vide order dated 10.02.2020. The representation of the petitioner has been forwarded by the Principal of the Mohan Kumaramangalam Medical College, Salem to the second respondent as the petitioner is coming within the jurisdiction of the second respondent.

3. Considering the fact that the representation of the petitioner is yet to receive attention, this Writ Petition is disposed at the time of admission without expressing any opinion on the merits of the case by directing the second respondent to consider the representation of the petitioner and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order in accordance with law and on merits. While passing such orders, the second respondent shall also examine whether the decisions of this Court referred to supra are applicable to the facts of the case.

4. This Writ Petition stands disposed of with the above observations. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar arb To 1.The Secretary, Government of Tamil Nadu, Public Health and Family Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.

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

+1cc to Mr.R.Jayaprakash, Advocate Sr No.52114 +1cc to the Government Pleader Sr No.52463 W.P.No.21326 of 2021 JPL (CO) PR (22/10/2021) https://hcservices.ecourts.gov.in/hcservices/