Amutha v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and W.M.P.(MD) Nos.3712 & 3713 of 2020 Amutha ... Petitioner -vs1.The Director Medical & Rural Health Services Chennai-06 2.The Director of Medical Education Kilpauk, Chennai-06 3.The Dean The Government District Headquarters Hospital Karaikudi Sivagangai District 4.The Dean Tirunelveli Government Super Specialty Medical College Hospital Tirunelveli, Tirunelveli District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records pertaining to the impugned order passed by the first respondent in his proceeding in Ref.No.50854/N2/2019, dated 05.09.2019 and quash the same as an illegal and consequently directing the first respondent to transfer the petitioner as a staff nurse from the third respondent hospital to the fourth respondent hospital or any other Government Hospital in the place of

Tirunelveli under spouse quota within the time stipulated by this Court.

For Petitioner :

Mr.T.Sasidharan Tamilkani For Respondents :

Mr.S.Shanmugavel Government Counsel

O R D E R

The prayer in this writ petition is for issuance of a writ of certiorarified mandamus to quash the order, dated 05.09.2019, passed by the first respondent and to direct the first respondent to transfer the petitioner as a staff nurse from the third respondent Hospital to the fourth respondent Hospital or any other Government Hospital in Tirunelveli Region under spouse quota, within the time stipulated by this Court.

2. On perusal of the materials available on record, it is seen that the impugned order was passed in the year 2019 and the the writ petition was filed in the year 2020 and till date, there is no interim order in favour of the petitioner. Therefore, at this distance of time, the question of granting the relief as sought for by the petitioner does not arise and hence, the writ petition deserves to be dismissed.

3. Accordingly, the writ petition is dismissed. However, liberty is granted to the petitioner to approach the Authority concerned, if any vacancy arises in future in Tirunelveli Region. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) krk Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

1.The Director, Medical & Rural Health Services, Chennai-06.

2.The Director of Medical Education, Kilpauk, Chennai-06.

3.The Dean, The Government District Headquarters Hospital, Karaikudi, Sivagangai District.

4.The Dean, Tirunelveli Government Super Specialty, Medical College Hospital, Tirunelveli, Tirunelveli District.

and W.M.P.(MD) Nos.3712 & 3713 of 2020 20.09.2021 MGJ(01.10.2021) 3P 5C