← Library
Madras High CourtWP(MD)/7037/2024disposed of

Saratha.D v. The Directorate Medical Education And Research

2024-03-21Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI D.Saratha

...Petitioner

Vs.

1.The Directorate Medical Education and Research, Office of the Directorate Medical Education and Research, No.10, E.V.R.Periyar Road, Kilpauk, Chennai.

2.The Dean, Madurai Medical College, Madurai.

3.The Director, Institute of Micro Biology, Madurai Medical College, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to remove the petitioner's husband name Pandiarajan from the service records of the petitioner and add her mother namely D.Puspham with her son name 1/6

Ranesh Pandian as nominee in her service records based on the petitioner's representation dated 14.03.2024 within stipulated time fixed by this Court. For Petitioner : Mr.S.M.Mohan Gandhi For Respondent : Mr.N.Ramesh Arumugam, Government Advocate (CIVIL)

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. The present writ petition has been filed seeking direction to the respondents to remove the petitioner's husband name Pandiarajan from the service records of the petitioner and add her mother's name namely D.Puspham with her son name Ranesh Pandian as nominee in her service records based on the petitioner's representation dated 14.03.2024.

3. The brief facts which are necessary for the disposal of this Writ Petition is as follows:- 2/6

(i) The petitioner is working as an Associate Professor in Micro Biology Department in Madurai Medical College. Due to the matrimonial dispute between the petitioner and her husband Pandiarajan, they are living separately. Out of the wedlock, they have one male child namely Ranesh Pandian and the child is living with the petitioner. While the petitioner was living with her husband, she had given his name as nominee in her service records. Not being able to with stand the continuity of harassment of the petitioner's husband and his family members, she gave criminal complaint in Crime No.6 of 2016 against them and the same is pending in C.C.No.36 of 2017 on the file of the Mahila Court, Madurai. She has also filed divorce petition in H.M.O.P.No.920 of 2023 on the file of the Family Court, Madurai and the same is pending.

(ii) Under such circumstances, the petitioner made a representation on 14.03.2024 to the respondents seeking to remove the name of her husband from her service records and substitute the same with her mother's name, that is, D.

health condition is becoming worse day after day. Since the same was not considered by the respondents, this writ petition came to be filed.

4. Heard, the learned Counsels on either side. Carefully perused the materials available on record.

5. Considering the seriousness of the representation made by the petitioner, this Court hereby direct the 2nd respondent to consider the petitioner's representation dated 14.03.2024 and pass appropriate orders in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition stands disposed of. No costs. 21.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml 4/6

To 1.The Directorate Medical Education and Research, Office of the Directorate Medical Education and Research, No.10, E.V.R.Periyar Road, Kilpauk, Chennai.

2.The Dean, Madurai Medical College, Madurai.

3.The Director, Institute of Micro Biology, Madurai Medical College, Madurai.

5/6

L.VICTORIA GOWRI, J.

Sml 21.03.2024 6/6