Madras High CourtWP(MD)/1518/2017disposed of

C.Lakshmi, Typist, v. The Director Of Medical And

2017-01-31Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.1518 of 2017 and WMP(MD)No.1238 of 2017 C.Lakshmi ... Petitioner vs.

1.The Director of Medical and Rural Health Service, Director of Medical Education, Kilpauk, Chennai-10.

2.The Joint Secretary to Government/ Deputy Director Medical Education Director of Medical Education, Kilpauk, Chennai-10 3.The Dean, Tirunelveli Medical College Tirunelveli ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to promote the petitioner notionally as Assistant on par with her junior in the light of the recommendation made by the 3rd respondent vide his proceedings Na.Ka.No.7960/Ni.5/2014 dated 08.07.2014 and also in conformity with the judgment of this Honourable Court rendered in the case of S.Krishnakumar Vs State of Tamilnadu rep. by its Secretary, Home Department, Fort St.George, Chennai-9 and others, reported in (2011) 8 MLJ 317 and by considering the petitioner's representation dated 11.12.2016 within the period that may be stipulated by this Honourable Court.

For Petitioner : M/S.Mohammed Imran For Respondent : Mr.A.K.Baskara Pandiyan Special Government Pleader

ORDER

Though the prayer in this writ petition is for issuance of a Writ of Mandamus, to direct the 1st respondent to promote the petitioner notionally as Assistant on par with her junior in the light of the recommendation made by the 3rd respondent vide his proceedings Na.Ka.No.7960/Ni.5/2014 dated 08.07.2014 and also in conformity with the judgment of this Honourable Court rendered in the case of S.Krishnakumar Vs State of Tamilnadu rep. by its Secretary, Home Department, Fort St.George, Chennai-9 and others, reported in (2011) 8 MLJ 317 and by considering the petitioner's representation dated 11.12.2016, when the matter came https://hcservices.ecourts.gov.in/hcservices/

up for hearing, learned counsel for the petitioner would submit that it is suffice, if a direction is issued to the 1st respondent to pass orders on the petitioner's representation dated 11.12.2016, in the light of the recommendation made by the 3rd respondent vide his proceedings Na.Ka.No.7960/Ni.5/2014 dated 08.07.2014, within a time frame.

2.In view of the limited relief sought for, without expressing any opinion on the merits of the case, this Writ Petition is disposed of directing the 1st respondent to consider the petitioner's representation dated 11.12.2016, in the light of the recommendation made by the 3rd respondent vide his proceedings Na.Ka.No.7960/Ni.5/2014 dated 08.07.2014, and to pass orders in accordance with law, if the petitioner is otherwise eligible, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, WMP(MD)No.1238 of 2017 is closed.

Sd/- Assistant Registrar(CS-I) /TRUE COPY/ Sub Assistant Registrar To 1.The Director of Medical and Rural Health Service, Director of Medical Education, Kilpauk, Chennai-10.

2.The Joint Secretary to Government/ Deputy Director Medical Education Director of Medical Education, Kilpauk, Chennai-10 3.The Dean, Tirunelveli Medical College Tirunelveli.

+1 cc to AJMAL ASSOCIATES, SR NO: 5206 +1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO: 5302 NBI SVA/MR/14.02.2017/2P/6C W.P(MD)No.1518 of 2017 31.01.2017 https://hcservices.ecourts.gov.in/hcservices/