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Madras High CourtWP(MD)/5486/2019disposed of

J.Sudalaivadivoo, v. The Director,

2019-03-08Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.5486 of 2019 J.Sudalaivadivoo ... Petitioner Vs 1.The Director, Medical and Rural Health Services, D.M.S.Campus, Teynampet, Chennai - 600 006.

2.The Director, Directorate of Medical Education, Poonamalle High Road, Kilpauk, Chennai - 10.

3.The Director, Medical and Rural Health Services, D.P.H.Campus, Teynampet, Chennai - 600 006.

4.The Dean, Tirunelveli Medical College and Super Speciality Hospital, Tirunelveli, Tirunelvlei District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's case for transfer from Government Medical College and ESI Hospital, Coimbatore to Tirunelveli Medical College and Super Speciality Hospital or any other Government Hospital or Government Primary Health Centre in Tirunelveli District which is nearest to petitioner's native place based on her representation dated 21.02.2019.

For Petitioner : Mr.P.Banuprasath For Respondents : Mr.V.Anand Government Advocate

ORDER

This writ petition has been filed seeking a direction to the respondents to consider the petitioner's case for transfer from Government Medical College and ESI Hospital, Coimbatore to Tirunelveli Medical College and Super Speciality Hospital or any other Government Hospital or Government Primary Health Centre in Tirunelveli District, which is nearest to the petitioner's native place, based on her representation dated 21.02.2019. 2.Heard the learned counsel for the petitioner and the

learned Government Advocate for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

3.The petitioner is now working as a Staff Nurse in Coimbatore Medical College Hospital and ESI Hospital. Due to family circumstances, she made a representation dated 21.02.2019, seeking transfer to Tirunelveli Medical College and Super Speciality Hospital or any of the Government Hospital or Government Primary Health Centre in Tirunelveli District and the same is pending without passing any orders. Hence, the petitioner is before this Court with the above said prayer.

4.The learned Government Advocate appearing for the respondents, on instructions, submitted that the representation of the petitioner would be considered on merits. 5.In such view of the matter, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 21.02.2019, seeking transfer and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.

6.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Director, Medical and Rural Health Services, D.M.S.Campus, Teynampet, Chennai - 600 006.

2.The Director, Directorate of Medical Education, Poonamalle High Road, Kilpauk, Chennai - 10.

3.The Director, Medical and Rural Health Services, D.P.H.Campus, Teynampet, Chennai - 600 006.

4.The Dean, Tirunelveli Medical College and Super Speciality Hospital, Tirunelveli, Tirunelvlei District.

+1cc to Mr.P.Banuprasath,Advocate, SR.No.53142 +1cc to Special Government Pleader, SR.No.53112 W.P.(MD)No.5486 of 2019 SP/18.03.2019/ 3P/7C