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Madras High CourtWP/34251/2022disposed of

K.Arumugam v. The Driector Of Medical And Rural Health Service

2022-12-23Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 23.12.2022

CORAM:

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE K. Arumugam ...

Petitioner vs

1. The Director of Medical and Rural Health Services, O/o. Directorate of Medical and Rural Health Services, Chennai - 600 006.

2. The Dean, Government Medical College and Hospital, Mundiyambaakkam, Villupuram.

...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider and dispose of the petitioner representation dated 14.11.2022. For petitioner : Mr.R. Subburaj For respondents :

M/s.R.U. Dinesh Rajkumar Addl. Govt. Pleader

ORDER

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By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.

2. Mr.R.U. Dinesh Rajkumar, learned Additional Government Pleader accepts notice for the respondents.

3. The grievance of the petitioner in this writ petition is that his name has not been included in the promotion panel for the post of Assistant for the year 2022-23. Earlier, during the pendency of the writ petition viz., W.P. No.22191 of 2018 filed by the petitioner, wherein, the petitioner had sought the relief of being promoted as a Junior Assistant, the respondents had granted promotion to the petitioner as a Junior Assistant in the panel year 2015-16. However, according to the petitioner, further promotion to the post of Assistant has not been granted to the petitioner for the panel year 2022-2023. The petitioner claims that he has satisfied all the requirements for being promoted as an Assistant. The petitioner has given a representation on 14.11.2022 to the 1st respondent through the 2nd respondent requesting them to include his 2/5

name in the promotion panel for the post of Assistant for the panel year 2022-2023. Since the representation has not been considered till date, he has filed this writ petition.

4. Heard Mr.R.Subburaj, learned counsel for the petitioner and Mr.R.U. Dinesh Rajkumar, learned Additional Government Pleader for the respondents.

5. No prejudice would be caused to the respondents, if the petitioner's representation as stated supra is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

6. This Court is not expressing any opinion on the merits of the petitioner's representation. It is for the respondents to consider the same on merits and in accordance with law.

7. For the foregoing reasons, this Court directs the 1st respondent to pass final orders on the petitioner's representation dated 14.11.2022 seeking to include his name in the promotion panel for the post of Assistant for the panel year 2022-23, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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8. With the aforesaid directions, this writ petition is disposed of. No costs.

23.12.2022 Index:Yes/No Speaking order/Non-speaking order vsi2 To

1. The Director of Medical and Rural Health Services, O/o. Directorate of Medical and Rural Health Services, Chennai - 600 006.

2. The Dean, Government Medical College and Hospital, Mundiyambaakkam, Villupuram.

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ABDUL QUDDHOSE, J.

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