Irish Selva Mary v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.8322 of 2024 and WMP(MD)Nos.7535, 7536 and 7538 of 2024 Irish Selva Mary .. Petitioner Vs.

1. The Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai - 9.

2. The Director of Medical and Rural Health Services, Chennai.

3. The Director of Medical Education, Kilpauk, Chennai -10.

4. The Dean, Office of the Dean, Kanyakumari Government Medical College Hospital, .. Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records in Impugned Order passed by the 4th respondent dated 22.03.2024 vide Ref. No. 0501/E2/2024 and to quash the same and consequentially directing the respondents to transfer the petitioner to Kanyakumari Medical College Hospital permanently in seniority basis.

For Petitioner : Mr.R.Vijayaragavan For Respondents : Mr.M.Siddharthan Additional Government Pleader

ORDER

The petitioner, who was working as a Staff Nurse, is served with a transfer order by transferring her to Rajeev Gandhi Government General Hospital, Chennai from Kanniyakumari Government Medical College Hospital,

2. Mr.R.Vijayaragavan, learned counsel for the petitioner stated that the petitioner has got three children and one disabled sister, who is now under the 2/6

care and custody of the petitioner. The petitioner is transferred to far away place from Kanniyakumari to Chennai. It is difficult for her to take care of her disabled sister and she does not have any other person to take care of her sister. Hence, he seeks the indulgence of this Court.

3. Mr.M.Siddharthan, learned Additional Government Pleader for the respondents submitted that at the same request of the petitioner, she was permitted to be deputed to Kanniyakumari Medical College Hospital for eight months and thereafter, her deputation was extended from 01.02.2023 for ten more months and after the expiry of the extension period, the petitioner got relieved.

4. As such, there is no Government Order in favour of the petitioner to consider such kind of request favourably. However, the petitioner is at liberty to approach the Director of Medical and Rural Health Services, Chennai/2nd respondent herein for further extension or for re-transfer by annexing the medical documents. In such case, the second respondent shall consider the same emphathetically and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.

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5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 02.04.2024 Index : Yes / No Internet : Yes / No PJL Note: Issue order copy on 02.04.2024.

To

1. The Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai - 9.

2. The Director of Medical and Rural Health Services, Chennai.

3. The Director of Medical Education, Kilpauk, Chennai -10.

4. The Dean, Office of the Dean, Kanyakumari Government Medical College Hospital, 4/6

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R.N.MANJULA , J.

PJL W.P.(MD)No.8322 of 2024 02.04.2024 6/6