Madras High CourtWP(MD)/4104/2020disposed of

M.Ambika v. The Secretary To The Govt.,

2020-03-16Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU 1.M.Ambika 2.R.Rajathi 3.P.Logamani 4.M.Rengel 5.A.Seetha Lakshmi 6.G.Ambika 7.L.Veeralakshmi ... Petitioners Vs.

1.The Secretary to the Government, Department of Health and Family Welfare, Secretariat, Chennai-9.

2.The Director of Medical Education, Kilpauk, Chennai-10. ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to expedite and finalize the proposal regarding creation of Emergency Care Technician Posts in Government Medical College Hospitals in the State of Tamil Nadu in pursuance to the proceedings of the respondent No.2 vide O.Mu.No.2934/Thi.Va.2(2)/2019 dated 30.01.2019 within the time period stipulated by this Court. For Petitioners : Mr.T.Lajapathi Roy For Respondents : Mr.K.Mu.Muthu, Additional Government Pleader.

ORDER

This writ petition has been filed to direct the respondents to expedite and finalize the proposal regarding creation of Emergency Care Technician Posts in Government Medical College Hospitals in the State of Tamil Nadu in pursuance to the proceedings of the respondent No.2 vide O.Mu.No.2934/Thi.Va.2(2)/2019 dated 30.01.2019 within a time frame.

2.The petitioners completed certificate course in Emergency Care Technician from the year 2005 onwards. The said course was started with the permission of the Government vide G.O.Ms.No.38, Health and Family Welfare (PME) Department, dated 18.03.2005. Till date the petitioners are deprived of appointment despite the need for creation of Emergency Care Technician Post in all the Government Hospitals.

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3.According to the petitioners, they are well trained in handling both surgical and medical emergencies such as handling the high end mechanical ventilators, dialysis machine, multipara monitor, ECG, Nebulization Machine, Plasmapherisis etc., and the petitioners would submit that in all the Emergency Care Unit, there is need for the post of Emergency Care Technician. Therefore, the petitioners continuously requesting the Government to create Emergency Care Technician Posts, which would also create employment opportunity to the persons like petitioners.

4.Based on the request of the petitioners, the Secretary to the Government, Health and Family Welfare Department vide his proceedings in O.Mu.No.2934/Thi.Va.2(2)/2019 dated 30.01.2019 has forwarded a proposal to the Director of Medical Education to ascertain the need for creation of Emergency Care Technician Posts in all medical colleges.

5.In response to the same, the Director of Medical Education has issued a proceedings dated 30.01.2019 seeking for proposal regarding creation of Emergency Care Technician Posts. All the Deans of the Government Medical College Hospitals has received the proposal from the respective Head of Department and has forwarded the same. Till date, no action has been taken to create the said posts in the Government Hospitals.

6.The petitioners had sent a detailed representation dated 08.02.2020 to expedite and finalize the proposal regarding creation of Emergency Care Technician Posts in Government Hospitals in pursuance to the proceedings of the Director of Medical Education vide proceedings in O.Mu.No.2934/Thi.Va.2(2)/2019 dated 30.01.2019 at the earliest. The said representation has not been considered so far and hence, the petitioners filed this petition seeking aforesaid relief.

7.By consent of both parties, this writ petition is taken up for final hearing.

8.Considering the limited prayer sought for in this writ petition, the respondents are directed to dispose of the representation dated 08.02.2020 by taking note of the proceedings of the Director of Medical Education, within a period of 12 weeks from the date of receipt of a copy of this order. The petitioner is directed to send a copy of this order along with representation. Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS ) 2/3

gns To 1.The Secretary to the Government, Department of Health and Family Welfare, Secretariat, Chennai-9.

2.The Director of Medical Education, Kilpauk, Chennai-10.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-12378[F] dated 18/03/2020 ) W.P.(MD)No.4104 of 2020 16.03.2020 MK (19.03.2020) 3P 4C 3/3