Madras High CourtWP(MD)/5012/2019dismissed

Dr.Veerapandian, v. The Secretary To The

2021-09-01Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD) No.5012 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.5012 of 2019 and W.M.P.(MD) No.3982 of 2019 Dr.Veerapandian ... Petitioner -vs1.The Secretary to the Government Health and Family Welfare Department Government of Tamilnadu Fort St.George, Chennai-600 009 2.The Director of Medical and Rural Health Services DMS Complex, No.361, Annasalai Teynampet, Chennai-600 006 3.The Director of Medical Education Kilpauk, Chennai-600 010

4. Dr.J.Srisaravanan ... Respondents [R4 is impleaded vide order dated 01.09.2021 in W.M.P.(MD) No.5928 of 2019] PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus forbearing the respondents from in any way conducting counselling for promotion and transfer for the post of Professor, Head of Department with referring to the C.M.L. (Civil Medical List) Seniority for the year 2018 and to consider petitioner's promotion to the post of Professor, Head of Department, as per undisputed seniority of petitioner's C.M.L.(Civil Medical List) Seniority of 2010.

For Petitioner :

Mr.C.Gangai Amaran For Respondents :

Mr.A.K.Manickam Government Counsel for R1 to R3 Mr.T.Lajapathi Roy for R4

O R D E R

The prayer in the writ petition is for issuance of a writ of mandamus to forbear the respondents from in any manner conducting counselling for promotion and transfer to the post of Professor, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.5012 of 2019 Head of Department with reference to C.M.L. (Civil Medical List) Seniority for the year 2018 and to consider petitioner's promotion to the post of Professor, Head of Department, as per the C.M.L. (Civil Medical List) Seniority List for the year 2010.

2. According to the learned counsel for the respondents, counselling for promotion and transfer to the post of Professor, Head of Department, was conducted and final orders for promotion the said post were passed and challenging the same, the petitioner has also filed a writ petition in W.P.(MD) No.16747 of 2018.

3. In view of the above position, the relief sought for by the petitioner in this writ petition cannot be granted and the writ petition is therefore dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CSII) /True Copy/ Sub Assistant Registrar Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

krk To:

1.The Secretary to the Government, Health and Family Welfare Department, Government of Tamilnadu, Fort St.George, Chennai-600 009.

2.The Director of Medical and Rural Health Services, DMS Complex, No.361, Annasalai, Teynampet, Chennai-600 006.

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

+1 CC to M/s.T.LAJAPATHI ROY,Advocate(SR-27863[F]dated 02/09/2021 ) +1 CC to M/s.GP ( SR-28056[F] dated 03/09/2021) W.P(MD).No.5012 of 2019 01.09.2021 PKP/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2