P.Sudha v. The Secretary
and W.M.P.Nos.24613 & 24614 of 2023 M.S.RAMESH,J.
Today, the matter is listed under the caption "For Being Spoken To".
2. On consideration of the submission made, paragraph No.3 and 'To' address of the earlier order of this Court dated 21.11.2023 passed in W.P.No.25195 of 2023, shall be deleted and stand substituted as follows:-
3. In the light of the submission made, there shall be a direction to the second respondent to consider the representation dated 20.09.2023 in accordance with the guidelines in G.O.131(2D) dated 20.11.2007 governing such transfer, within a period of two weeks from the date of receipt of a copy of this order.
To 1.
The Secretary Health and Family Welfare Department Fort St.George, Secretariat, Chennai-600 009.
2.
The Director Directorate of Medical Education Kilpauk, Chennai-600 010.
M.S.RAMESH,J.
mk
3. All other findings and observations made in the earlier order dated 21.11.2023, shall remain intact.
29.11.2023 (Note: Registry is directed to carry out the above corrections and issue fresh order copy) mk
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH and W.M.P.Nos.24613 & 24614 of 2023 Dr.P.Sudha D/o.Peethambaram
...Petitioner
Vs 1.
The Secretary Health and Family Welfare Department Fort St.George Secretariat, Chennai-600 009.
2.
The Director Directorate of Medical Education Kilpauk Chennai-600 010.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records and to quash the impugned circular in Ref.No.35800/E3/1/2023 dated 19.04.2023 issued by the 2nd respondent and consequently, directing the respondents to act as per G.O.131(2D) dated 20.11.2007 and to determine the qualification for any medical officer to receive promotion in a service as for station seniority and not by their departmental seniority
in accordance with law.
For Petitioner :
Mr.C.Kanagaraju For Respondents :
Mr.M.Bindran Additional Government Pleader
O R D E R
The writ petition has been filed seeking to quash the impugned circular dated 19.04.2023 bearing Ref.No.35800/E3/1/2023 issued by the 2nd respondent and consequently, direct the respondents to act as per G.O.131(2D) dated 20.11.2007 and determine the qualification for any medical officer to receive promotion in a service as per station seniority and not by their departmental seniority in accordance with law.
2. Though the petitioner herein has challenged the circular of the respondent herein dated 19.04.2023, touching upon the exercise of options of Medical Officer for transfer counselling, learned counsel for the petitioner submits that the petitioner had given a representation dated 20.09.2023 to the second respondent herein seeking for transfer in any of the vacancies that may arise in the Department of Psychiatry at Salem. The learned counsel also submitted that he would be satisfied if the respondents are directed to consider the petitioner's representation within the stipulated time.
3. In the light of the submission made, there shall be a direction to the second respondent to consider the representation dated 20.09.2023 in accordance with the guidelines governing such transfer, within a period of two weeks from the date of receipt of a copy of this order.
4. With the above direction, the Writ Petition stands disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.
21.11.2023 Index:Yes/No Speaking order/Non-speaking order mk To
1.
The Union of India Rep. by its Secretary to Government Environment, Forest and Climate Change Department Indira Paryavaran Bhawan, Jor Bagh New Delhi-110 003.
2.
The Union of India Rep. by its Secretary to Government Department of Pension and Pensioners Welfare Lok Nayak Bhavan Khan Market New Delhi.
3.
The State of Tamil Nadu Rep. by its Additional Chief Secretary to Government Environment, Climate Change and Forest Department Fort St.George Chennai-9.
4.
The Principal Chief Conservator of Forest & Head of Forests Velachery Main Road Guindy, Chennai-32.
M.S.RAMESH,J.
mk 21.11.2023