J.Thangalisa v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2018

CORAM

THE HONOURABLE MR.JUSTICE R. MAHADEVAN W.P.No.30031 of 2018 Mrs. J.Thangalisa ... Petitioner

Versus

1.The Secretary Health and Family Welfare Department, Fort St. George, Chennai-09 2.The Director, Medical and Rural Health Services, D.M.S. Campus, Teynampet, Chennai-600 006.

3.The Director, Director of Medical Education, Poonnamallee High Road, Kilpauk, Chennai-10.

4.The Commissioner, Indian Medicine and Homeopathy, Arumbakkam, Chennai-106. ... Respondents PRAYER:

Writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus, to direct the respondents to consider the petitioner's representation dated 10.10.2018 and transfer from Urban Primary Health Centre Hospital, Kodikalpalayam, Tiruvarur District to Aasaripallam Medical College Hospital or Pathmanathapuram Government General Hospital or Government Kulachal Government Hospital or any one Government Hospital or any one Urban Primary Health Centers at Kanyakumari District which is nearest to petitioner native place. For Petitioner : Mr. R.K.Gandhi For Respondents : Mr.R.S.Selvam Government Advocate

O R D E R

Mr.R.S.Selvam, learned Government Advocate takes notice for the respondents. 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 respondents to consider her representation dated 10.10.2018.

3.According to the learned counsel for the petitioner, the petitioner submitted a representation dated 10.10.2018 to the first respondent, seeking transfer from Urban Primary Health Centre Hospital, Kodikalpalayam, Tiruvarur District to Aasaripallam Medical College Hospital or Pathmanathapuram Government General Hospital or Government Kulachal Government Hospital or any one of the Government Hospital or Urban Primary Health Centers at Kanyakumari District, but, the same has not been considered by the first respondent. Hence, the petitioner is before this Court.

4. The learned Government Advocate appearing for the respondents, submitted that the first respondent would consider the representation of the petitioner on merits and in accordance with law.

5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 10.10.2018 and also consider the vacancy position and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar ms

To 1.The Secretary Health and Family Welfare Department, Fort St. George, Chennai-09 2.The Director, Medical and Rural Health Services, D.M.S. Campus, Teynampet, Chennai-600 006.

3.The Director, Director of Medical Education, Poonnamallee High Road, Kilpauk, Chennai-10.

4.The Commissioner, Indian Medicine and Homeopathy, Arumbakkam, Chennai-106.

+1 cc to M/s.R.K.Gandhi, Advocate Sr.No.78825 +1 cc to The Government Pleader, Sr.No.79138 W.P.No.30031 of 2018 CSL/29.11.2018