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Madras High CourtWP/548/2016disposed of

Dr.S.Karpagam, Md.(Og) v. The Secretary

2016-01-07Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.548 of 2016 & WMP.385/2016 Dr.S.Karpagam

...Petitioner

Vs

1. The Secretary, State of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai-9.

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

3.The Dean, Mahatma Gandhi Memorial Government Hospital, Trichirappalli.

4.Dr.V.Kasthuri 5.Dr.M.Geetha 6.Dr.K.Hemalatha 7.Dr.S.S.Suba 8.Dr.S.Mallika 9.Dr.D.Mohana 10.Dr.R.Thamilkothai 11.Dr.S.Nalina

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents 1 and 2 from in any manner promoting the juniors namely respondents 4 to 11 without including the petitioner in the panel of promotion to the post of Associate Professor of Obstetrics and Gynaecology for the year 2015-16 and consequentillay direct the respondents 1 and 2 to promote the petitioner to the post of Associate Professor in accordance with seniority and the recommendation of the third respondent dated Nil.12.2015.

For Petitioner : Mr.K.M.Vijayan, Senior counsel for M/s.K.M.Vijayan Associates

For Respondents : Mr.V.Jayaprakash Narayanan, Special Government Pleader for R1 to R3

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal.

2.The case of the petitioner is that she joined the service of the State Government as Assistant Surgeon on 02.08.1996 with the qualification of M.B.B.S., D.G.O. Thereafter she completed her M.D. in (O & G) in the year 2004. She was appointed as a Tutor in the family welfare at Mahatma Gandhi Memorial Government Hospital, Trichirappalli on 09.09.2004. Subsequently, she was re-designated as Assistant Professor on 10.09.2005 and she was promoted as Senior Assistant Professor on 23.09.2009. The next avenue of promotion is to the post of Associate Professor. 3.The petitioner would state that the second respondent by its proceedings Ref. No.26353/F-1/3/2015-3 dated 14.12.2015 called for list of eligible persons for the next promotional post of Associate Professor. The petitioner is fully qualified to the post, as per the seniority and her name was also included in the seniority list. However, the first respondent by G.O. D. NO.1387 dated 02.11.2015 omitted to include the name of the petitioner.

4.The petitioner would further state that aggrieved by the non inclusion of her name, she made a representation dated 22.12.2015 and the third respondent by its proceedings Ref. No.1853/E1/2015 dated Nil.12.2015 intimated the second respondent for the non inclusion of the petitioner with all service particulars. Since the respondents 1 and 2 have not considered the representation of the petitioner, she has filed the present writ petition.

5.Heard the submissions of Mr.K.M.Vijayan, learned senior counsel appearing for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 to 3 and perused the materials available on record.

6.Learned senior counsel would submit that the petitioner's name was included in the list prepared by the third respondent, but due to some mistake the petitioner's name was not omitted in the panel for the post of Associate Professor for the year 2015-16, however, the respondents 4 to 11, who are juniors to the petitioner, have been included in the list. Learned senior counsel would further submit that the third respondent has forwarded the service details of the

petitioner, based on the representation of the petitioner dated 22.12.2015 in his Ref.No.1853/E1/2015 dated Nil.12.2015. But without considering the file forwarded by the third respondent, respondents 1 and 2 are taking steps to appoint the juniors of the petitioner. It is further submitted that it would be suffice, if a direction is given to respondents 1 and 2 to consider the representation of the petitioner before taking a final decision.

7.This Court, taking into consideration of the submissions of the learned senior counsel for the petitioner and in the light of the facts of the case, directs the respondents 1 and 2 to consider the file forwarded by the third respondent in Ref. No.1853/E1/2015 dated Nil.12.2015 and pass orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. Till then, the Respondents 1 and 2 are directed to keep one post of Associate Professor (OG) vacant.

8.The Writ Petition is disposed of accordingly. Consequently, connected WMP is closed. No costs. sd/- Assistant Registrar(Cs-V) /TRUE COPY/ Sub-Assistant Registrar vga To

1. The Secretary to Government, State of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai-9.

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

3.The Dean, Mahatma Gandhi Memorial Government Hospital, Trichirappalli.

+1 CC to MR.K.M.Vijayan Associates Advocate. SR.NO.1270 +1 CC to Govt.Pleader. SR.NO. 1388 W.P.No.548 of 2016 CO-SVI JD 08/01/2016