R.Sankara Narayanan v. The Govt. Of Tamilnadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.2181 of 2014 and M.P(MD) No. 2 of 2014 1.R.Sankara Narayanan 2.S.Umadevi 3.A.Malarvizhi 4.V.Kalaiselvi 5.C.Muthumani 6.J.Saaim Banu 7.M.Maheswari 8.V.Varalakshmi 9.P.Gunasundari 10.S.Vairamani 11.M.Panchavarnam 12.M.K.Priyavadana 13.B.Bhavani 14.P.Valarmathi 15.N.Kasthuri 16.M.Krishnaveni 17.Y.Thangapandi 18.V.Kavitha 19.V.Ramalakshmi 20.P.Vidhyasri 21.N.Durgadevi ... Petitioner -Vs1.The Government of Tamil Nadu, Rep. by its Principal Secretary, Health and Welfare Department, Secretariat, Chennai - 9 2.The Director, Medical College and Hospital, Keelpauk, Chennai.
3.The District Employment Officer, District Employment Office, Madurai.
4.The Superintendent, E.S.I Hospital, Madurai.
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of writ of mandamus directing the third respondent to conduct the certificate verification to the petitioners for the post of Nursing Assistant at E.S.I Hospital, Madurai and consequently, directing the first and second respondents to fill up the post of Nursing Assistant at E.S.I Hospital in Madurai as per the Employment Seniority at Madurai District.
For Petitioners : Mr.D.Anbarasu For Respondents : Mr.K.Muthu Government Advocate
ORDER
The relief sought for in the present writ petition is for a direction directing the third respondent to conduct the certificate verification to the petitioners for the post of Nursing Assistant at E.S.I Hospital, Madurai and for consequential direction to the first and second respondents to fill up the post of Nursing Assistant at E.S.I Hospital in Madurai as per the Employment Seniority at Madurai District.
2. The main relief sought for in the present writ petition is to select and appoint the writ petitioners to the post of Nursing Assistant. Based on the present position, the relief sought for by the petitioners cannot be considered in view of the fact that the selection and appointments of the Nursing Assistant are made through the Tamilnadu Medical Recruitment Board. This apart, during the earlier selection of the year 2014, the name of the writ petitioners were not sponsored by the Employment Exchange concerned. Thus, the case of the writ petitioners was not considered. Now after this lapse of time, the case of the petitioners cannot be considered with reference to the Employment Seniority in view of the fact that the recruitment is to be made through the Tamilnadu Medical Services Recruitment Board. This being the factum, the relief sought for in this writ petition at this length of time cannot be considered and accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.
Sd/- Assistant Registrar (AE) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal Secretary,Government of Tamil Nadu, Health and Welfare Department,Secretariat, Chennai - 9
2.The Director,Medical College and Hospital, Keelpauk, Chennai.
3.The District Employment Officer,District Employment Office, Madurai.
4.The Superintendent,E.S.I Hospital, Madurai.
+1 CC to M/s.D.ANBARASU, Advocate ( SR-73625[F] dated 05/07/2019 ) +1 CC to M/s.SPL GP ( SR-73742[F] dated 05/07/2019 ) CM W.P.(MD)No.2181 of 2014 and M.P(MD) No. 2 of 2014 04.07.2019 KM/(15.07.2019) 3P 7C