K.A.S.Prasad v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2025
CORAM:
THE HONOURABLE Mr.JUSTICE BATTU DEVANAND W.P.(MD)No.5701 of 2025 and W.M.P.(MD)Nos.4163, 4164 and 4166 of 2025 and Cont.P(MD)No.834 of 2025 W.P(MD)No.5701 of 2025 K.A.S.Prasad ... Petitioner Vs
1. State of Tamil Nadu, Represented by its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai.
2. The Director Of Medical Education and Research, Kilpauk, Chennai-10.
3. The Dean, Government Medical College, Pudukkottai, Pudukkottai District.
4. R.Rajkumar, Office Superintendent, Government Medical College, Virudhunagar, Virudhunagar District.
5. I.Kavitha, Office Superintendent, Government Medical College, Virudhunagar, Virudhunagar District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Order in Ref.No 104975/E2/2/2025 and the Impugned Order in Ref.No 104976/E2/2/2025 on the file of the Respondent No.2 dated 21.02.2025 and quash the same as illegal and consequently for a direction, directing the Respondent No.2 to grant transfer to the Petitioner to the Post of Office Superintendent at Government Rajaji Hospital in the light of the Order passed by this Honble Court in W.P.(MD).No.72 of 2025 dated 24.01.2025 within the time period stipulated by this Court.
For Petitioner : Mr.T.Aswin Raja Simman, For R1 to R3 : Mr.S.Vinoth Government Advocate
Cont.P(MD)No.834 of 2025 K.A.S.Prasad ... Petitioner Vs Dr.J.Sangumani, The Director of Medical Education and Research, Kilpauk, Chennai-10.
... Respondent PRAYER: Contempt Petition filed under Section 10 of the Contempt of Courts Act, to initiate contempt proceedings against the Contemnor/ Respondent and punish him for the wilful disobedience of the interim order of the Honourable High Court in WMP(MD) No.4164 of 2025 in WP(MD) No.5701 of 2025 dated 07-03-2025 and thus render justice For Petitioner : Mr.T.Aswin Raja Simman, For Respondent : Mr.T.Amjad Khan Government Advocate C O M M O N O R D E R The writ petition in W.P(MD)No.5701 of 2025 filed before this Court against the impugned order in Ref.No 104975/E2/2/2025 and Ref.No 104976/E2/2/2025, on the file of the second respondent, dated
21.02.2025 and for consequential relief to direct the second respondent to grant transfer to the petitioner to the post of Office Superintendent at Government Rajaji Hospital, in the light of the order passed by this Court in W.P(MD)No.72 of 2025, dated 24.01.2025.
2.On 07.03.2025, this Court passed interim stay of the impugned order in W.P(MD)No.4164 of 2025 in this petition. Aggrieved by the action of the second respondent in not complying the stay order of this Court dated 07.03.2025, the petitioner filed the contempt petition in Cont.P(MD)No.834 of 2025 before this Court.
3.This Court taking serious note of that issued statutory notice for the appearance of the respondent by order dated 26.03.2025. Accordingly, the respondent in contempt petition/Dr.J.Sangumani present before this Court on 08.04.2025 and sought time to the compliance of the order. Accordingly, this Court posted the matter today. During the course of hearing, Mr.Vinoth, learned Government Advocate appearing for the respondents 1 to 3 in writ petition and Mr.T.Amjad Khan, learned Government Advocate in the contempt petition would submit that as the
respondents undertook before this Court while dispose the writ petition in W.P(MD)No.72 of 2025, it was recorded in the order dated 24.01.2025 that as on the date of disposal of the said writ petition there are no vacancy in the post of Office Superintendent at Government Rajaji Hospital, Madurai and 8 posts have been declared as lapsed posts. In case, if the posts are revived, the request of the petitioner shall be considered on merits. The second respondent issued proceedings to fulfil the said undertaking. The second respondent issued proceedings in Reference No.1023/E2/2/2025, dated 08.04.2025 transferring the petitioner and posted as Office Superintendent at Government Rajai Hospital, Madurai in the existing vacancy with immediate effect. The learned Government Advocate has placed a copy of the said proceedings before this Court.
4.The learned Counsel for the petitioner submits that in view of the proceedings issued by the second respondent for transfer and posting of the petitioner, the petitioner is not having any further grievance. 5.Dr.J.Sangumani/second respondent in the writ petition, who is
present before this Court, has expressed unconditional apology for the happenings during the pendency of the writ petition and the contempt petition. This Court considers his unconditional apology as bonafide and accordingly, it is accepted.
6.In view of the facts and circumstances of the case, in our considered view nothing survives in the writ petition for further adjudication. Accordingly, it is liable to be closed. 7.In view of the fact that the order of the Court is complied with in the light of the proceedings dated 08.04.2025 of the second respondent, in our considered view no further orders are required in the contempt petition. Accordingly, these writ petition and contempt petition are closed. There shall be no orders as to costs. Consequently, the connected miscellaneous petitions are also closed. 09.04.2025 NCC : Yes/No Index : Yes/No Internet : Yes LR
To
1. State of Tamil Nadu, Represented by its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai.
2. The Director Of Medical Education and Research, Kilpauk, Chennai-10.
3. The Dean, Government Medical College, Pudukkottai, Pudukkottai District.
4.Dr.J.Sangumani, The Director of Medical Education and Research, Kilpauk, Chennai-10.
BATTU DEVANAND, J.
LR W.P.(MD)No.5701 of 2025 Dated : 09.04.2025