M.Thavampetraval v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2023 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR M.Thavampetraval ... Petitioner Vs.

1.The Secretary to Government, Health & Family Welfare Department, Fort St. George, Chennai - 600 009.

2.The Director of Medical Education, Kilpauk, Chennai - 10.

3.The Director of Medical & Rural Health Services, Teynampet, Chennai - 6.

4.The Director of Public Health & Preventive Medicine, Teynampet, Chennai - 6.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to consider the representation of the petitioner, dated 27.06.2023, for a regular transfer to any one of the Medical Colleges or Hospitals in Virudhunagar District within a reasonable time.

For Petitioner : M/s.R.Deepika Sonali For R1 to R4 : Mr.E.Vedabagath Singh Special Government Pleader

O R D E R

This writ petition has been filed to direct the respondents to consider the representation of the petitioner, dated 27.06.2023, for a regular transfer to any one of the Medical Colleges or Hospitals in Virudhunagar District within a reasonable time. 2.It is the case of the petitioner that the petitioner who is a Staff Nurse in Government Hospital at Dharmapuri District was posted to work in Virudhungar District on deputation basis. It is the grievance of the petitioner that she is a native of Virudhunagar District and though many of her juniors were transferred on regular basis to Virudhunagar District, the petitioner's request for a regular transfer to Virudhunagar District is not being considered by the respondents. In this regard, the petitioner has submitted various representations and last such representation was given on 27.06.2023. Since the same did not evoke any response, the present writ petition has been filed.

3.It is the contention of the learned counsel for the petitioner that the petitioner had undergone inter-caste marriage, however, her husband has deserted her and is living with another lady and a divorce case is also pending before the Court. It is her contention that the petitioner finds it difficult to live without the help of her husband at Dharmapuri District and the petitioner's father is paralyzed and her mother is old-aged and dependent on others. Hence, the learned counsel prays this Court for positive directions to consider the request of the petitioner for a regular transfer to any one of the Hospitals in the native District of the petitioner, i.e., Virudhunagar District.

4.Heard Mr.E.Vedabagath Singh, learned Special Government Pleader, who takes notice for the respondents 1 to 4. 5.Considering the limited nature of the relief sought for by the petitioner, there shall be a direction to the respondents to consider the representation of the petitioner, dated 27.06.2023, on sympathetic grounds, and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this order.

6.With the above direction, this writ petition is disposed of. No costs.

12.09.2023 mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order To 1.The Secretary to Government, Health & Family Welfare Department, Fort St. George, Chennai - 600 009.

2.The Director of Medical Education, Kilpauk, Chennai - 10.

3.The Director of Medical & Rural Health Services, Teynampet, Chennai - 6.

4.The Director of Public Health & Preventive Medicine, Teynampet, Chennai - 6.

N. SATHISH KUMAR, J.

mkn 12.09.2023