Madras High CourtWP(MD)/1495/2018dismissed as infructuous

Dr. S.Subramanian v. The Secretary,

2019-07-04Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P(MD)No.1495 of 2018 and WMP(MD)Nos.1566 and 1567 of 2019 S.Subramanian .. Petitioner Vs.

1.The Secretary, Government of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

2.The Director, Department of Indian Medicine and Homeopathy, Arumpakkam, Chennai - 600 106.

3.The Commissioner/The Special Commissioner, Department of Indian Medicine and Homeopathy, Arumpakkam, Chennai - 600 106.

4.A.Rafeek Ahamed Assistant Medical Officer (Siddha), Government Hospital, Edore - 638 001.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Certiorarified Mandamus call for the records pertaining to Ref.No.6521/E1/1/2017 dated 31.10.2017 passed by the 3rd respondent and quash the same and direct the 3rd respondent to give priority in the seniority list.

For Petitioner : Mr.K.P.Thiyagarajan For R1 to R3 : Mr.Aayiram K.Selvakumar Additional Government Pleader For R4 : Mr.W.Pamelin

ORDER

This writ petition has been filed challenging the seniority list issued by the third respondent in Ref.No.6521/E1/1/2017 dated 31.10.2017 and consequently direct the third respondent to give priority to the petitioner in the seniority list. https://hcservices.ecourts.gov.in/hcservices/

2.The learned Special Government Pleader appearing for the respondents 1 to 3, relying upon paragraph No.6(vi) of the counter affidavit filed by the respondents 1 to 3, submitted that the representation of the petitioner, seeking revision of his seniority, has already been considered and orders were passed by the second respondent in Lr.Ref.No.6521/E1/1/2017, dated 09.07.2018 and the same has also been served to the petitioner on 10.08.2018. Therefore, the relief sought in the present writ petition has become infructuous.

3.Recording the aforesaid submission, this writ petition is dismissed as infructuous. However, it is open to the petitioner to challenge aforesaid order of the second respondent dated 09.07.2018, if he is so advised. No costs. Consequently, WMP(MD) Nos.1566 and 1567 of 2019 are closed.

Sd/- Assistant Registrar(AD-I) // True Copy // Sub Assistant Registrar(CS) mj To 1.The Secretary, Government of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

2.The Director, Department of Indian Medicine and Homeopathy, Arumpakkam, Chennai - 600 106.

3.The Commissioner/The Special Commissioner, Department of Indian Medicine and Homeopathy, Arumpakkam, Chennai - 600 106.

+1CC TO MR.K.P.THIYAGARAJAN, Advocate Sr. No. 73660 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.73727 W.P(MD)No.1495 of 2018 04.07.2019 AVS(CO) TR (12.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/