Dr. S.B.Sivathanu , M.S. (Ophthal) v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.10.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.No. 27817 & 27819 of 2022 Dr.S.B.Sivathanu ..Petitioner -Vs1. State of Tamil Nadu, rep. by tis Principal Secretary to Government, Health and Family Welfare Department, Fort St.George, Secretariat, Chennai - 600 009.
2. The Director of Medical Education, Kilpauk, Chennai - 600 010.
3. Dr.V.Uma, Senior Resident, Department of Ophthalmology, Tirunelveli Medical College, Tirunelveli.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order issued by the 2nd respondent in Ref.No.26140/E3/1/2022 dated 18.08.2022 and the consequential transfer
order issued by the 2nd respondent in favour of 3rd respondent in Ref.No.26140/E3/1/2022 dated 26.08.2022 and to quash the same and consequently direct the respondents to consider the petitioner for posting as Senior Resident in Ophthalmology in Tirunelveli Medical College as per the transfer counseling conducted on 25.05.2022, in compliance with the Letter issued by the 1st respondent in Letter No.20504/B1/2022-4 dated 08.08.2022 or in alternative to consider and posting the petitioner in the existing vacancy to the post of Assistant Professor in Ophthalmology in Kanyakumari Medical College and Hospital within a time frame to be fixed by this Hon'ble Court.
For Petitioners : Mr.G.Sankaran For Respondents : Mr.U.M.Ravichandran, Special Government Pleader for R1 & R2.
O R D E R
The petitioner has challenged the impugned order dated 18.08.2022 passed by the 2nd respondent rejecting the petitioner's representation seeking to include his name in the seniority list drawn in respect of Ophthalmology Department, based on station seniority as per G.O.(2D).No.131, Health & Family Welfare Department, dated 20.11.2007.
2. The first respondent, by proceedings dated 08.08.2022, which has
been filed as a document, has requested the 2nd respondent to take a decision for transferring the petitioner to Kanyakumari Government Medical College in the Ophthalmology Department, in case of vacancy arising there in the near future.
3. According to the learned counsel for the petitioner, till date, no decision has been taken, despite the letter of the 1st respondent dated 08.08.2022. Learned counsel for the petitioner on instructions, would submit that the petitioner, for the present, will be satisfied if a decision is taken on his representation seeking for transfer to Kanyakumari Medical College & Hospital and in case, if any adverse orders is passed, based on his representation, he may be given liberty to challenge the same in a manner known to him under law.
4. No prejudice would be caused to the respondents if such a direction is issued to the 2nd respondent to pass final orders, based on the proceedings dated 08.08.2022 issued by the 1st respondent within a time frame to be fixed by this Court.
5. For the foregoing reasons, this Court directs the 2nd respondent to pass final orders on merits and in accordance with law, pursuant to the
proceedings of the 1st respondent dated 08.08.2022 requesting the 2nd respondent to consider the representation of the petitioner for being transferred to the Kanyakumari Medical College & Hospital, within a period of six weeks from the date of receipt of a copy of this order. In case, if any adverse orders are passed against the petitioner, liberty sought for by the petitioner is granted.
6. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 27.10.2022 Speaking/Non-speaking order Index: Yes/No vsi To
1. The Principal Secretary to Government, Health and Family welfare Department, Fort St.George, Secretariat, Chennai - 600 009.
2. The Director of Medical Education, Kilpauk, Chennai - 600 010.
ABDUL QUDDHOSE,J.
Vsi W.P.No.28505 of 2022 27.10.2022