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Madras High CourtWP/27207/2016disposed of

Mrs.R.Kavitha, F/A 29 Years v. The Secretary

2016-08-04Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2016

CORAM

THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.No.27207 of 2016 R.Kavitha .. Petitioner Vs.

1.The Secretary, Health and Family Welfare Department, Fort St. George, Chennai - 9.

2.The Director, Medical and Rural Health Services, D.M.S. Campus, Teynampet, Chennai - 6.

3.The Director, Director of Medical Education, Poonnamalli High Road, Kilpauk, Chennai - 10.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 27.06.2016 and transfer the petitioner from Government Stanley Hospital, Chennai to Erode Bavani Government Hospital or Kounthapadi Government Hospital or Suriyapalayam or Verappansathiram or any one Urban Primary Health Centre. For Petitioner :

Mr.R.K.Gandhi For Respondents :

Mr.R.S.Selvam, GA

ORDER

By consent, this Writ Petition is taken up and disposed of at the stage of admission itself.

2. The prayer made in the writ petition is to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 27.06.2016 and transfer the petitioner from Government Stanley Hospital, Chennai to Erode Bavani Government Hospital or Kounthapadi Government Hospital or Suriyapalayam or Verappansathiram or any one of the Urban Primary Health Centres.

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3. According to the case of the petitioner, she is having one year old female child by name Baby Tharika, who is suffering from heart problem and her husband is settled at Erode. She is working as staff nurse in Government Stanley Hospital, Chennai, which is more than 450 km away from Erode. As she is facing lot of difficulties to take care of her child, apart from mental agony, she made a representation dated 27.06.2016 to the respondents seeking transfer to Erode Bavani Government Hospital or Kounthapadi Government Hospital or Suriyapalayam or Verappansathiram or any one of the Urban Primary Health Centers. However, till date, no order has been passed by the respondents. Therefore, the petitioner is before this Court with the present writ petition.

4. Heard Mr.R.K.Gandhi, learned counsel for the petitioner and Mr.R.S.Selvam, learned Government Advocate, who takes notice for the respondents.

5. Considering the facts and circumstances of the case, this Court, without expressing any opinion with regard to the claim made by the petitioner, directs the respondents to consider the representation of the petitioner dated 27.06.2016 seeking transfer and pass appropriate orders on merits and in accordance with law as expeditiously as possible.

6. The Writ Petition is disposed of accordingly. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The Secretary, Health and Family Welfare Department, Fort St. George, Chennai - 9.

2.The Director, Medical and Rural Health Services, D.M.S. Campus, Teynampet, Chennai - 6.

3.The Director, Director of Medical Education, Poonnamalli High Road, Kilpauk, Chennai - 10.

+ cc to M/s.R.K.Gandhi Advocate sr 27207/16 W.P.No. 27207 of 2016 aa26/08/2016 https://hcservices.ecourts.gov.in/hcservices/