Madras High CourtWP(MD)/8260/2019disposed of

M.R. Vinayagamurthi, v. The Secretary To Government

2019-04-05Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.8260 of 2019 M.R.Vinayagamurthi ... Petitioner vs.

1.The Secretary to Government, Health and Family Welfare (AA1) Department, Secretariat, Chennai.

2.The Director of Medical Education, Kilpauk, Chennai - 600 010.

3.The Principal, College of Pharmacy, Madurai Medical College, Madurai - 625 020.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent i.e. Secretary to Government, Health and Family Welfare (AA1) Department, Chennai to pass appropriate orders on the petitioner's representation dated 05.02.2019 regarding re-fixation of seniority and ordering notional promotion as Associate Professor on par with the departmental promotees or directly recruited candidates within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Viswalingam For Respondents : Mrs.S.Srimathy Special Government Pleader

O R D E R

Seeking a direction to the first respondent with regard to re-fixation of seniority based on the petitioner's representation dated 05.02.2019, this writ petition has been filed. 2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

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3.The case of the petitioner is that he is presently serving as an Assistant Professor in the third respondent medical college. According to the petitioner, he made a representation dated 05.02.2019 regarding re-fixation of seniority and ordering notional promotion as Associate Professor on par with the departmental promotees or directly recruited candidates and the same has not been considered so far by the respondents. Hence, the petitioner is before this Court for the abovesaid prayer.

4.The learned Special Government Pleader appearing for the respondents, on instructions, submitted that the petitioner's representation would be considered on merits and appropriate orders be passed by the first respondent.

5.In view of the above submission, this Court, without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 05.02.2019 with regard to re-fixation of seniority 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 / True Copy / Sub Assistant Registrar(CS) mj To 1.The Secretary to Government, Health and Family Welfare (AA1) Department, Secretariat, Chennai.

2.The Director of Medical Education, Kilpauk, Chennai - 600 010.

3.The Principal, College of Pharmacy, Madurai Medical College, Madurai - 625 020.

+1 CC to M/s.S.VISVALINGAM, Advocate(SR-59192[F]dated 05/04/2019 ) +1 CC to M/s.SPL GP ( SR-59586[F] dated 08/04/2019 ) W.P(MD) No.8260 of 2019 05.04.2019 https://hcservices.ecourts.gov.in/hcservices/ ES/30.04.2019/2P/6C