R.Sumathy v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.21109 of 2024 and WMP.No.23039 of 2024 R.Sumathy ... Petitioner Vs.

1.The Principal Secretary to Government, Government of Tamilnadu, Health and Family Welfare Department, Fort St.George, Chennai-9 2.The Director, Public Health and Preventive Medicine, Chennai-6 3.The District Health Officer, Chengalpattu District, Chengalpattu 4.The District Maternal Welfare Officer, Office of the District Health Officer, Chengalpattu District ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Mandamus directing the second and third respondents to consider the petitioner's representation dated 28.06.2024 and permit the petitioner to participate in the promotion counselling dated 25.07.2024.

For Petitioner : Mr.S.Packiaraj 1/6

For Respondents : Mrs.M.Sneha, Special Counsel for Health Department

O R D E R

This writ petition has been filed for direction to the second and third respondents to consider the representation submitted by the petitioner dated 28.06.2024 seeking permission to participate in the promotion counselling dated 25.07.2024.

2.

The petitioner submitted representation for seeking permission to participate in the promotion counselling. Admittedly, the petitioner is facing charges and the disciplinary proceedings is in progress.

3.

The learned counsel for the petitioner would submit that today is the date for promotion counselling to start at 3.00 p.m. Further, the name of the petitioner has not been included in the panel for promotion from Village Health Nurse to Sector Health Nurse. 2/6

4.

It is seen that the petitioner already filed writ petition before this Court in WP.No.24673 of 2022 challenging the charge memo dated 01.07.2022. This Court by order dated 19.01.2024, dismissed the writ petition and directed the disciplinary authority to complete the disciplinary proceedings and pass final order within a period of three months from the date of receipt of the order. Even till today, no order has been passed in the disciplinary proceedings.

5.

On written instructions, the learned Special Counsel for Health Department appearing for the respondents submitted that enquiry has been completed and the disciplinary authority is about to pass final order.

6.

Therefore, when the charge is pending as against the petitioner, the petitioner is not entitled for any promotion. As such, the representation submitted by the petitioner cannot be considered and the writ petition is liable to be dismissed.

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7.

Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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To 1.The Principal Secretary to Government, Government of Tamilnadu, Health and Family Welfare Department, Fort St.George, Chennai-9 2.The Director, Public Health and Preventive Medicine, Chennai-6 3.The District Health Officer, Chengalpattu District, Chengalpattu 4.The District Maternal Welfare Officer, Office of the District Health Officer, Chengalpattu District 5/6

G.K.ILANTHIRAIYAN, J.

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