S.Ravichandran, v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2018

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.21716 of 2018 S.Ravichandran ...

Petitioner Vs.

1.The Principal Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai.

2.The Director, Medical and Rural Welfare Services, Health and Family Welfare Department, Chennai - 6.

3.The Director of Medical Education, Keelpauk, Chennai - 600 010.

4.The Dean, Government Medical College, Tuticorin.

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant Selection Grade in the post of Assistant Surgeon and Special Grade in the post of Assistant Professor and further to promote the petitioner to the post of Associate Professor (Medical Services) in the order of seniority only for the purpose of monetary benefits alone by directing the respondents to expedite the process pursuant to the proceedings of the 2nd respondent in Na.Ka.No.9446/Ne2/2012, dated 16.08.2018 by fixing a time frame to grant all the attendant and other benefits including disbursement of the monetary benefits and arrears and further directing the respondents to revise pension accordingly.

For Petitioner : Mr.B.Saravanan For Respondents : Mr.R.Sethuraman, Spl.Govt.Pleader

O R D E R

The petitioner has come forward with the present Writ Petition for issuance of a Writ of Mandamus, directing the respondents to grant Selection Grade in the post of Assistant Surgeon and Special Grade in the post of Assistant Professor and further to promote the petitioner to the post of Associate Professor (Medical Services) in the order of seniority only for the purpose of monetary benefits alone by directing the respondents to expedite the process pursuant to the proceedings of the 2nd respondent in Na.Ka.No.9446/Ne2/2012, dated 16.08.2018 by fixing a time frame to grant all the attendant and other benefits including disbursement of the monetary benefits and arrears and further directing the respondents to revise pension accordingly.

2. Mr.R.Sethuraman, the learned Special Government Pleader takes Notice for the respondents.

3. When the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents would submit that proposal had already been sent to the Government on 16.08.2018 itself and the action is yet to be taken on the same and therefore, he requires three months' time for the decision to be arrived at.

4. Taking note of the submission made by the learned Special Government Pleader for the respondents, the respondents are directed to consider the case of the petitioner for notional promotion, if he is otherwise eligible and if the there are no legal impediments, in accordance with law. The laches, if any, can also be considered for depriving the interest portion.

5.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/ Assistant Registrar(CO) /True copy/ Sub Assistant Registrar(CS-I) To 1.The Principal Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai.

2.The Director, Medical and Rural Welfare Services, Health and Family Welfare Department, Chennai - 6.

3.The Director of Medical Education, Keelpauk, Chennai - 600 010.

4.The Dean, Government Medical College, Tuticorin.

+1cc to Mr.B.Saravanan, Advocate, SR.No. 91294 +1cc to M/s.Special Government Pleader,SR.No. 91388 W.P.(MD)No.21716 of 2018 23.10.2018 MPK KK/RP/SAR-1/22.11.2018/3P-7C