← Library
Madras High CourtWP/20330/2020dismissed as infructuous

Dr.Shankar v. The Principle Secretary To Government

2022-06-15Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2022

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.20330 OF 2020 AND W.M.P.NOS.25128 & 25130 OF 2020 & 9979 OF 2022 Dr.Shankar

...Petitioner

Vs.

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

2.The Director of Public Health and Preventive Medicine, DMS Campus, Teynampet, Chennai - 600 006.

3.The Director of Medical Services, DMS Campus, Teynampet, Chennai - 600 006.

4.The Director of Medical Education, Poonamallee High Road, Kilpauk, Chennai - 600 010.

5.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai - 600 003.

6.Dr.R.Arul, Associate Professor, Department of Nephrology, Government Rajaji Medical College, Madurai - 625020.

7.Dr.S.Balamurugan, Associate Professor of Nephrology, KAP Viswanathan Government Medical College, Trichy.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Certiorarified Mandamus, to call for the records relating to G.O.(D). No. 1248 dated 19.11.2020 Health and Family Welfare (A1) Department issued by the first respondent and consequential circular issued by the fourth respondent in Ref No. 44790/E1/5/2020-Pro dated 22.12.2020, quash the same insofar as it relates to conducting counseling for promotion to the post of professor Nephrology is concerned and consequently direct the respondents 1 to 5 to redo the preparation of the fresh regular panel to the post of professor nephrology after re-fixing the seniority of the petitioner in the feeder post as per the orders of this Court in W.P.No. 28572 of 2016 dated 12.09.2016 and in W.P.No. 998 of 2017 (batch) dated 15.11.2019 and confirmed by the orders of the Hon'ble Supreme Court of India in SLP (C ) Nos. 2861- 2876 of 2020 dated 06.07.2020.

For Petitioner :

Mr.G.Sankaran for Mr.R.N.Amarnath For Respondents :

Mr.S.Rajesh, Government Advocate for R1 to R4 Mrs.G.Hema, for TNPSC for R5 R6- No appearance Mr.S.Kamadevan for R7

ORDER

The learned counsel for the parties fairly submitted before this Court that pursuant to the orders passed by this Court in W.P. No. 22852 of 2017 dated 15.11.2019 and the orders passed by the Hon'ble Supreme Court in SLP. Nos. 2861 -2876 of 2020, dated 06.07.2020, the respondents have revised the seniority list by its proceedings in Ref.No.25230/E6/3/2016 dated 01.06.2022. Thus, in the light of the aforesaid proceedings, nothing survives for further adjudication in the writ petition and now it has become infructuous

2. Recording the statement made by the learned counsel for the parties concerned, the writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar mrn

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

2.The Director of Public Health and Preventive Medicine, DMS Campus, Teynampet, Chennai - 600 006.

3.The Director of Medical Services, DMS Campus, Teynampet, Chennai - 600 006.

4.The Director of Medical Education, Poonamallee High Road, Kilpauk, Chennai - 600 010.

5.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai - 600 003.

+1cc to Mr.S.Kamadevan, Advocate Sr.No.35454 W.P.No.20330 of 2020 and W.M.P.Nos. 25128 & 25130 of 2020 & 9979 of 2022 EV(CO) RVM(29/06/2022)