K.Loganathan v. The Principal Secretary To The Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :05..11.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.31099 of 2019 and WMP.No.31219 of 2019 K.Loganathan ..Petitioner vs
1. The Principal Secretary to the Government, Department of Health and Family Welfare, St.George Fort. Chennai
2. The Joint Secretary to the Government Department of Health and Family Welfare, St.George Fort, Chennai.
3. The Director of Medical Education, Office of the Director of Medical Education, Kilpauk, Chennai- 600 010 .. Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue an appropriate order or direction or Writ of Mandamus to direct the respondents not to take nay decision in the matter of removing/ abolishing the post of ''Scientific Officers'' in the Government Medical Colleges, till the disposal of the W.P.(MD).No.78/2019 by considering the representation of the petitioner dated 21.10.2019.
For Petitioner : Mr.R.Bakyaraj For R1 & R2 : M/s.M.Lalitha Government Advocate For R3 : Mr.Kadirvelu Special Govt.Pleader
O R D E R
The petitioner filed this Writ Petition seeking to direct the respondents not to take nay decision in the matter of removing/ aboslishing the post of ''Scientific Officers'' in the Government Medical Colleges, till the disposal of the W.P.(MD). No.78/2019 by considering the representation of the petitioner dated 21.10.2019.
2.The case of the petitioner is that the petitioner is functioning as Scientific Officer in Stanley College from 2008 onwards in the Department of legal medicine (Department of Forensic Medicine). There are 24 Government Medical Colleges in Tamilnadu and only 6 Colleges have the post '' Scientific Officers''. Out of 6 colleges, the Scientific officers have been appointed only in 3 Colleges namely, the Stanley Medical College Chennai, Chengalpet Medical College and Madurai Medial College and the Scientific Officers post are vacant in the remaining four places and till date no decision has been taken, in the matter of removing or abolishing the post of Scientific Officer and the Post of Medical Colleges and no action has been taken on the representation dated 21.10.2019. Hence, the Writ Petition.
3. The learned counsel for the petitioner submitted that it would be suffice to issue a direction to the respondents to consider the representation dated 21.10.2019 and pass order on merits and in accordance with law.
4. Mr.Kadirvelu Special Government Pleader appearing for the respondents conceded with the limited request made by the learned counsel for the petitioner.
5. Considering the above facts and circumstances and the limited request made by the petitioner, I am inclined to issue direction to the respondents to consider the representation dated 21.10.2019 and pass appropriate orders in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous petition is closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vsn
To
1. The Principal Secretary to the Government, Department of Health and Family Welfare, St.George Fort. Chennai
2. The Joint Secretary to the Government Department of Health and Family Welfare, St.George Fort, Chennai.
3. The Director of Medical Education, Office of the Director of Medical Education, Kilpauk, Chennai- 600 010 +1cc to Mr.R.Bakyaraj, Advocate, S.R.No.91764 +1cc to the Government Pleader, S.R.No.91796 W.P.No.31099 of 2019 and WMP.No.31219 of 2019 AD(CO) CS/28/11/2019