Berlin Ramya v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.20931 of 2023 & WMP.Nos.20307 & 20309 of 2023 Berlin Ramya ... Petitioner Vs

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

2. The Director of medical Education, Kilpauk, Chennai - 10.

3. The Director of Medical and Rural Health Services, Chennai - 6.

4. The Dean, Government Kilpauk Medical College Hospital, Kilpauk, Chennai - 10.

5. The Medical Officer, Government Hospital, Seynamvilai, Kanyakumari District.

... Respondents 1/5

Prayer:- Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the respondents in connection with the impugned Order passed by the fourth respondent in Na.Ka.No.5233/N1/2/2023 dated 15/06.2023, quash the same and direct the respondents to transfer the petitioner in any one of the hospitals in Kanyakumari District within a reasonable time frame as deem fit by this Court.

For Petitioner : Ms.R.Deepika Sonali For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader

ORDER

This Writ Petition has been filed to quash the impugned Order passed by the fourth respondent in Na.Ka.No.5233/N1/2/2023 dated 15/06.2023 and direct the respondents to transfer the petitioner in any one of the hospitals in Kanyakumari District within a reasonable time fixed by this Court.

2. The grievance of the petitioner is that as the petitioner has undergone IVF treatment twice and she got aborted, she has given a 2/5

request for transfer to her native place. The deputation order has been issued by the respondents only in February 2023 and the respondents are now trying to cancel the deputation Order. Hence, seeks a direction to the respondents to transfer the petitioner to Kanyakumari District or nearby places.

3. The learned Additional Government Pleader appearing for the respondent would submit that the Order impugned is only an inter department communication seeking deputation of certain staff and the same has not been finalized. Hence, seeks to dismiss the Writ Petition.

4. In such view of the matter, this Court is of the view that as a matter of right the writ petitioner cannot challenge the inter department proceedings. The very object of the petitioner is to stall the transfer for which the Court cannot be a party to the same. If at all the petitioner has genuine grievance, she can very well give a representation to the concerned authorities and the authorities will decide the same on its own merits.

3/5

5. According, this Writ Petition is dismissed. Consequently, connected miscellaneous petitions are closed. No costs. 14.07.2023 Index:Yes/No vrc To,

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

2. The Director of medical Education, Kilpauk, Chennai - 10.

3. The Director of Medical and Rural Health Services, Chennai - 6.

4. The Dean, Government Kilpauk Medical College Hospital, Kilpauk, Chennai - 10.

5. The Medical Officer, Government Hospital, Seynamvilai, Kanyakumari District.

4/5

N.SATHISH KUMAR, J.

vrc WP.No.20931 of 2023 14.07.2023 5/5