Maria Janaki v. The Govt. Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.8756 of 2019 and W.M.P(MD) Nos.6811 and 6812 of 2019 Maria Janaki ... Petitioner Vs.

1.The Government of Tamil Nadu, rep. by its Principal Secretary, Health and Family Welfare Department, Fort. St. George, Secretariat, Chennai - 600 009.

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

3.The Directorate of Medical and Rural Health Services, Chennai - 600 005.

4.The Dean, Stanely Medical College, Chennai.

5.The Dean, Thirunelveli Medical College, Thirunelveli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to transfer and accommodate the petitioner in the forthcoming vacancy in the post of office Superintendant in the 5th respondent Medical College, which is arising due to retirement of one Maria Ranjitham on superannuation on 30.04.2019, based on the petitioner's representation dated 05.11.2018. For Petitioner : Mr.K. Gokul For Respondents : Mr. S. Angappan Government Advocate

ORDER

This writ petition is filed, seeking to direct the respondents 2 and 3 to transfer and accommodate the petitioner in the forthcoming vacancy in the post of office Superintendant in the

5th respondent Medical College, which is arising due to retirement of one Maria Ranjitham on superannuation on 30.04.2019, based on his representation, dated 05.11.2018.

2. Mr. S. Angappan, learned Government Advocate takes notice for the respondents. By consent, the writ petition itself is taken up for disposal at the admission stage itself.

3. Though this petition has been filed to give a positive direction to the respondents 2 and 3, the learned counsel appearing for the petitioner submit that the petitioner will be satisfied if a direction is issued to the respondents 2 and 3, to consider the representation of the petitioner, dated 05.11.2018.

4. Having regard to the limited scope of the prayer, that is now sought before this Court by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the petitioner's case, directs the respondents 2 and 3 to consider the representation of the petitioner, dated 05.11.2018 on merits and in accordance with law, and pass necessary orders, within a period of two weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner,

5. With the above direction, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are also closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal Secretary to Government of Tamil Nadu, Health and Family Welfare Department, Fort. St. George, Secretariat, Chennai - 600 009.

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

3.The Directorate of Medical and Rural Health Services, Chennai - 600 005.

4.The Dean, Stanely Medical College, Chennai.

5.The Dean, Thirunelveli Medical College, Thirunelveli.

+1cc to Mr.K.GOKUL, Advocate, SR.No. 60315 +1cc to M/s.Special Government Pleader,SR.No. 61009 WP(MD)No.8756 of 2019 and W.M.P(MD) Nos.6811 and 6812 of 2019 11.04.2019 TRP KK/SAR/15.04.2019/ 3P- 8C