M.Loganathan v. The Project Director Cum Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.10.2018
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.25761 of 2018 M.Loganathan ... Petitioner Vs 1.The Project Director cum Member Secretary, Tamil Nadu State Aids Control Society, Egmore, Chennai 600 008.
2.The Chief Medical Officer, Government Hospital, S.T.D.Clinic, Palani, Dindigul District.
3.The Medical Superintendent, Government Head Quarters and Hospital, STD Clinic, Kallakuruchi, Villupuram District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to transfer the petitioner in Kaniyur Primary Health Centre, Thiruppur District or at Udumalaipettai Government Hospital, where the vacancy is available for the post of Integrated Counselling and Testing Centre Counsellor (ICTC Counsellor) under the Tamil Nadu State Aids Control Society or to transfer the petitioner in any other available vacant post, for the post of Integrated Counselling and Testing Centre Counsellor (ICTC Counsellor) under the Tamil Nadu State Aids Control Society within Oddanchatram Taluk or Palani Taluk of Dindigul District or within Udumalaipettai Taluk, Thiruppur District by considering the representation of the petitioner dated 01.10.2017 which was acknowledged on 03.10.2017. For Petitioner : Mr.C.Kishore For Respondents : Mr.V.Shanmuga Sundar, Special Government Pleader
O R D E R
By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner has come up with this writ petition seeking a direction to the first respondent to transfer the petitioner where the vacancy is available for the post of Integrated Counselling and Testing Centre Counsellor (ICTC Counsellor) under the Tamil Nadu State Aids Control Society by considering the representation of the petitioner dated 01.10.2017.
3. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 01.10.2017, to the respondents, claiming the same relief as prayed in this writ petition. Since no action was forthcoming from the respondents, the petitioner has submitted another representation on 12.03.2018, pointing out the prolonged ill health along with fitness certificate, but, the said representations are yet to be disposed of by the respondents.
4. Mr.V.Shanmuga Sundar, learned Special Government Pleader taking notice for the respondents, submitted that the respondents may be directed to consider the petitioner's representation dated 12.03.2018 and pass orders in accordance with law.
5. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, this Court directs the respondents to consider the petitioner's representation dated 12.03.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of four weeks from the date of receipt of a copy of this order.
6. Accordingly, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar
gsk To 1.The Project Director cum Member Secretary, Tamil Nadu State Aids Control Society, Egmore, Chennai 600 008.
2.The Chief Medical Officer, Government Hospital, S.T.D.Clinic, Palani, Dindigul District.
3.The Medical Superintendent, Government Head Quarters and Hospital, STD Clinic, Kallakuruchi, Villupuram District.
+1cc to Mr.C.Kishore, Advocate sr.no.70666 +1cc to Government Pleader sr.no.71111 W.P.No.25761 of 2018 sv(co) nr 20/11/2018