K.Bharathy v. Government Of Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2022

CORAM

THE HONOURABLE MR. JUSTICE V.PARTHIBAN W.P.No.25898 of 2021 and W.M.P.Nos.27368 and 27369 of 2021 K.Bharathy ... Petitioner Vs

1. Government of Puducherry, Represented by its Chief Secretary, Chief Secretariat, Puducherry.

2. Directorate of Health and Family Welfare Services, Represented by its Director, Victor Simmonel Street, Old Maternity Hospital Building, Puducherry 605 001.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the 2nd respondent in No.A12020/1/2017/E5/DHFWS dated 03.09.2017 insofar as it demands on the applicant to the post of staff nurse (presently re-designated as Nursing Officer) to have studied Tamil/Malayalam in SSLC/HSC as illegal and quash the same and unconstitutional and further direct the respondent to appoint the petitioner as a staff nurse.

For Petitioner : Mr.V.Raghavachari For Respondents : Mr.R.Syed Mustafa Special Government Pleader

O R D E R

This writ petition has been filed to issue a Writ of Certiorarified Mandamus to call for the records on the file of the 2nd respondent in No.A12020/1/2017/E5/DHFWS dated 03.09.2017 and quash the same as illegal and to direct the respondent to appoint the petitioner as a staff nurse.

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2. When the matter is taken up for hearing, Mr.R.Syed Mustafa, learned counsel appearing for the respondents would submit that the respondent Department has already been notified under the provision of the Administrative Tribunal Act, 1985. Therefore, the claim of the petitioner is squarely fall within the jurisdiction of the Central Administrative Tribunal and not before this Court.

3. This Court finds that the relief as prayed for by the petitioner is amenable within the jurisdiction of Central Administrative Tribunal, Chennai Bench and in that view of the matter, this writ petition is not maintainable since the Administrative Tribunal Act, 1985, provides for a specific remedy before the Tribunal, as forum of first instance. Therefore, it is open to the petitioner to approach the Court by passing the remedy available under the Administrative Tribunal Act, 1985.

4. In the circumstances, this writ petition is dismissed as not maintainable. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ms To

1. The Chief Secretary, Government of Puducherry, Chief Secretariat, Puducherry.

2. The Director, Directorate of Health and Family Welfare Services, Victor Simmonel Street, Old Maternity Hospital Building, Puducherry 605 001.

W.P.No.25898 of 2021 and W.M.P.Nos.27368 and 27369 of 2021 um(CO) A.SK(01.02.2022) https://hcservices.ecourts.gov.in/hcservices/