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Madras High CourtWP/32319/2019closed

Dr.E.Bobby, v. State Of Tamil Nadu,

2019-11-20Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :20.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No. 32319 of 2019 and WMP. No. 32605 of 2019 Dr.E.Bobby ..Petitioner Vs 1.State of Tamil Nadu rep. by its Principal Secretary, Department of Health and Family Welfare, Secretariat, Chennai-600009

2. The Director of Medical Education (FAC) Directorate of Medical Education, Kilpauk, Chennai-600010.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the transfer order dated 17.10.2019 issued to the petitioner under Ref.No.4053/E3/1/2019 on the file of the 2nd respondent and quash the same. For Petitioner :Mr.Y.Prakash For Respondent :Mr. R.Selvam, G.A - R1 Mr. V.Kadirvelu, Spl.GP - R2

O R D E R

Writ Petition is filed for issuance of a Writ of Certiorari to call for the records relating to the transfer order dated 17.10.2019 issued to the petitioner under Ref.No.4053/E3/1/2019 on the file of the 2nd respondent and quash the same.

2. Heard both sides and perused the records. By consent, the writ petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is working as Government Medical Officer. She has completed post graduation in General Medicine during 2005-2008 and thereafter completed her Super Specialty course viz., DM(Neurology) and she was posted as Tutor in the Department of Pathology at Tirunelveli Medical College, Tirunelveli.

She has been https://hcservices.ecourts.gov.in/hcservices/

repeatedly attending the transfer counselling conducted every year by the 2nd respondent in terms of G.O.(2D) No.131 dated 20.11.2007, but she was not successful in getting into the Department of Neurology in Tirunelveli Medical College. However, the 2nd respondent without conducting any counselling, has passed the impugned order dated 17.10.2019, transferring and posting the petitioner as Tutor in Department of Community Medicine, Tirunelveli. Challenging the same, the present writ petition is filed.

4. Today, when the matter is taken up for hearing the learned Special Government Pleader appearing for the 2nd respondent has produced the Position Note dated 20.11.2019 issued by the 2nd respondent, wherein it has been stated that the petitioner has attended the transfer restructuring counselling and after consideration, she has been fitted in Tirunelveli Medical College, Tirunelveli and her service shall be utilized in the Department of Neurology.

5. In view of the above, nothing survives for adjudication in the present writ petition. Accordingly, the Writ Petition stands closed. No costs. Consequently, connected Miscellaneous is also closed.

s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar ak 1.The Principal Secretary, State of Tamil Nadu Department of Health and Family Welfare, Secretariat, Chennai-600009

2. The Director of Medical Education (FAC) Directorate of Medical Education, Kilpauk, Chennai-600010.

+1 CC to Govt. Pleader sr 97067 +1 CC to Mr.Y.Prakash, Advocate sr 96745.

W.P.No. 32319 of 2019 and WMP. No. 32605 of 2019 SP(06/12/2019) https://hcservices.ecourts.gov.in/hcservices/