B.Ramachandran v. The Secretary To The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.4997 of 2016 B.Ramachandran ..
Petitioner -vs1. The Secretary to the Government of Tamil Nadu Health and Family Welfare Department Secretariat Chennai 600 009
2. The Director of Medical and Rural Health Services Teynampet Chennai 600 006
3. The Director of Medical Education Kilpauk Chennai 600 010 ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the second and third respondents to consider the representation of the petitioner dated 17.07.2013 and reminder thereon dated 16.11.2015, seeking inclusion of the petitioner's name in the panels for the year 2000-2001 to the post of Junior Administrative Officer and for the year 2003-2004 to the post of Administrative Officer and according consequential monetary benefits and pensionary benefits thereupon.
For Petitioner ::
Mr.R.Ramachandran For Respondents ::
Mr.P.Chinnadurai Government Advocate
ORDER
Mr.B.Ramachandran, the writ petitioner, who was facing a departmental proceeding, suffered the punishment of 'Censure' for certain charges levelled against him during the years 19841988, by the order of punishment dated 5.10.2004. Immediately after one and half months, he retired from service on
30.11.2004. Since he had filed an appeal against the punishment of 'Censure', the charges were dropped by the Government on 16.6.2009. Thereafter, he has also made various representations and lastly on 16.11.2015 to the respondents for inclusion of his name in the panels of the year 2000-2001 and 2003-2004 to the posts of Junior Administrative Officer and Administrative Officer with the consequential monetary and pensionary benefits. Finally, by a proceeding dated 11.1.2016, the Director of Medical and Rural Health Services (in-charge), Chennai has sent a proposal to the Director of Medical Education, Chennai to examine his representation with reference to the records and if all the charges levelled against the petitioner had been dropped, the Director of Medical Education has been called upon to send a detailed proposal along with the particulars of the petitioner in the proforma for taking further action. Subsequently, it appears that there is no further move in respect of the petitioner's prayer. Therefore, he has come to this Court.
2. Heard the learned counsel for the petitioner. Mr.P.Chinnadurai, learned Government Advocate takes notice on behalf of the respondents.
3. Considering the fact that the matter is pending for quite a long time, since the petitioner retired from service on 30.11.2004 and the charges were dropped only on 16.6.2009, this Court is inclined to give a direction to the respondents 2 & 3 to consider the petitioner's representation dated 17.7.2013 followed by the reminder dated 16.11.2015. In the light of the above, the respondents 2 & 3 are directed to dispose of the representation of the petitioner, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. The writ petition stands disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ss To
1. The Secretary to the Government of Tamil Nadu Health and Family Welfare Department Secretariat Chennai 600 009
2. The Director of Medical and Rural Health Services Teynampet Chennai 600 006
3. The Director of Medical Education Kilpauk Chennai 600 010 +1 cc to Mr.R.Ramachandran, Advocate, sr.8481 +1 cc to Government Pleader, sr.8834 W.P.No.4997 of 2016 sr co kra 23.02.2016