M.Darma Murugan, v. The Tamil Nadu Government,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2018

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.21505 of 2018 M.Dharma Murugan .. Petitioner/petitioner Vs.

1.The Tamil Nadu Government, represented by its Secretary to Government, Health and Family Welfare Department, Secretariat, St.George Fort, Chennai -9.

2.The Project Director, Tamil Nadu State Aids Control Society, No.417, Pantheon Road, Egmore, Chennai -8.

3.The Joint Director, The Joint Director of Health Services, Madurai at Usilampatti, Government Head Quarters Hospital, Usilampatti, 4.The Chief Medical Officer, Government Hospital, Thirumangalam, .. Respondents/Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus calling for the records relating to the impugned order of the fourth respondent in Ref.No.150/E/2014, dated 2.5.2014 and to quash the same as illegal and further to direct the respondents 3 and 4 to reinstate the Petitioner in the post of Pharmacist at ART Centre at Government Hospital,Thirumangalam, Madurai District.

For Petitioner :

Ms.M.Krishnaveni For Respondents :

Mr.R.Sethuraman Special Government Pleader

O R D E R

The petitioner has approached this Court to quash the termination order passed by the fourth respondent, dated 2.5.2014

and consequently to direct the respondents 3 and 4 to reinstate the Petitioner in the post of Pharmacist at ART Centre at Government Hospital,Thirumangalam, Madurai District.

2.Mr.R.Sethuraman, learned Special Government Pleader takes notice for the respondents. By consent of both parties, the main Writ Petition is taken up for final disposal at the stage of admission itself.

3.Perusal of the records would show that the Petitioner has approached this Court after four years from the passing of the impugned order in question. He would further submit that he has given representations repeatedly to the authorities concerned, but no action is taken till date. It is seen that the Petitioner given representation only on 21.11.2014. However, there is no evidence to the effect that the Petitioner has made so many representations thereafter to the authorities concerned. The petitioner has approached this Court with a delay of four years from the date of submitting the representation and hence, this Court is not inclined to grant the relief as sought for in the Writ Petition and the Writ Petition is liable to be dismissed on the ground of laches. 4.Accordingly, the Writ Petition stands dismissed. No costs. Sd/- Assistant Registrar(PROTOCOL) /True Copy/ Sub Assistant Registrar(CS-I) To:

1.The Secretary to Government, Government of Tamil Nadu, Health and Family Welfare Department, Secretariat, St.George Fort, Chennai -9.

2.The Project Director, Tamil Nadu State Aids Control Society, No.417, Pantheon Road, Egmore, Chennai -8.

3.The Joint Director, The Joint Director of Health Services, Madurai at Usilampatti, Government Head Quarters Hospital, Usilampatti,

4.The Chief Medical Officer, Government Hospital, Thirumangalam, +1 cc to Special Government Pleader, SR.No.90785. VSN DS RSK SAR1 14 11 2018 3P 6C W.P.(MD) No.21505 of 2018 12.10.2018