Kency v. The Director Of Medical And Rural Health Services
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD).Nos.2306 and 2308 of 2023 Kency ... Petitioner Vs.
1.The Director of Medical and Rural Health Services, Office of the Director of Medical and Rural Health Services, DMS Complex, Anna Salai, Chennai -6.
2.The Director of Public Health and Preventive Medicine, Office of the Director of Public Health and Preventive Medicine, Teynampet, Chennai.
3.The Deputy Director of Health Service, Office of the Deputy Director of Health Service, Tirunelveli.
4.The Block Medical Officer, Block Government Primary Health Centre, Thisaiyanvilai, Tirunelveli District.
5.The Chief Medical Officer, Government Hospital, Tiruvadanai, Ramanathapuram District.
... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, to call for the records relates to the impugned order passed by the 1st respondent in his proceedings in Ref.No.69864/E5(2)/2/2022 dated 11.01.2023 and quash the same as illegal, without jurisdiction and violative of principles of natural justice with respect to the petitioner and consequently directing the respondent Nos.1 to 3 to transfer her to any one of the Primary Health Centre, Government Hospitals or Medical College Hospital situated in Kanyakumari District based on her request letter dated 18.01.2023 and in the light of Letter (Ms)No.92/S/09, dated 22.07.2009 of Personnel and Administrative Reforms Department.
For Petitioner : Mr.S.Krishnan For Respondents : Mr.C.Satheesh Government Advocate
O R D E R
This writ petition has been filed challenging the impugned order passed by the 1st respondent dated 11.01.2023 and to quash the same with respect to the petitioner and consequently direct the respondent Nos.1 to 3 to transfer her to any one of the Primary Health Centre, Government Hospitals or Medical College Hospital situated in Kanyakumari District, based on her letter dated 18.01.2023 and in the light of Letter (Ms)No. 92/S/09, dated 22.07.2009 of Personnel and Administrative Reforms Department.
2. The learned counsel appearing for the petitioner would submit that the transfer order dated 11.01.2023 has been challenged on the ground of physical disability. Subsequently, the impugned order was cancelled on 17.02.2023.
3. In view of the above, no further order is necessary in this writ petition. Hence, this Writ Petition is closed. However, liberty is granted to
the petitioner to make a fresh representation to the first respondent seeking to transfer her to nearby place of husband's residence. No costs. Consequently, the connected Miscellaneous Petitions are closed. 22.02.2023 akv To 1.The Director of Medical and Rural Health Services, Office of the Director of Medical and Rural Health Services, DMS Complex, Anna Salai, Chennai -6.
2.The Director of Public Health and Preventive Medicine, Office of the Director of Public Health and Preventive Medicine, Teynampet, Chennai.
3.The Deputy Director of Health Service, Office of the Deputy Director of Health Service, Tirunelveli.
4.The Block Medical Officer, Block Government Primary Health Centre, Thisaiyanvilai, Tirunelveli District.
5.The Chief Medical Officer, Government Hospital, Tiruvadanai, Ramanathapuram District.
M.DHANDAPANI,J.
akv 22.02.2023