S.Nimmetha v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.21637 of 2017 S.Nimmetha ... Petitioner -vs1. The Secretary to the Government, Health and Family Welfare Department, Secretariat, St.George Fort, Chennai -9.

2. The District Collector, Thoothukudi District, Thoothukudi.

3. The General Secretary, Indian Red Cross Society, 32/50, Montieth Road, Egmore, Chennai - 600 008.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents to consider and dispose of the petitioner's representation dated 28.06.2017 within a stipulated period as fixed by this Court.

For Petitioner : Mr.S.Balaji For R1 & R2 : Mr.M.Alagathevan Spl. Govt. Pleader

O R D E R

This writ petition has been filed, seeking to direct the respondents to consider and dispose of the petitioner's representation dated 28.06.2017 within a stipulated period as fixed by this Court.

2. Mr.M.Alagathevan, learned Special Government Pleader takes notice for the respondents 1 & 2. Notice to R3 is dispensed with, as no adverse order is going to be passed in this petition against R3. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

3. The learned counsel for the petitioner would submit that the petitioner is a member of the Indian Red Cross Society and was, on her own volition, directed to serve in the Government Medical College Hospital, Thoothukudi as per the proceedings of the https://hcservices.ecourts.gov.in/hcservices/

Principal of the institution, in O.Mu.No.002912/Ka.9(1)/2017 dated 17.04.2017. He would further submit that the petitioner sent a representation dated 28.06.2017 to the third respondent with a copy to the 2nd respondent for disbursement of her salary/remuneration as also regularization of her services. Pursuant to the inaction on the part of the respondents in considering the above representation, the petitioner is before this Court with the above prayer.

4. The learned Special Government Pleader appearing for the respondents 1 and 2 would submit that the representation of the petitioner would be considered on merits within the time stipulated by this Court.

5. At this juncture, the learned counsel for the petitioner has submitted that the 3rd respondent has to take a decision on the matter.

6. Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the respondents, especially 3rd respondent to sympathetically consider the petitioner's representation 28.06.2017 and pass appropriate orders thereon on merits and in accordance with law, after affording due opportunity of hearing to the petitioner, if any, within a period of six weeks from the date of receipt of a copy of this order.

7. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

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

2. The District Collector, Thoothukudi District, Thoothukudi.

3. The General Secretary, Indian Red Cross Society, 32/50, Montieth Road, Egmore, Chennai - 600 008.

+1cc to Mr.S.BALAJI Advocate in SR. No. 89215 AR JS/JC/SAR.1/12.12.2017/2P-5C W.P(MD)No.21637 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 24.11.2017