Dr.K.Saleem v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2018

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.20115 of 2018 Dr.K.Saleem, Professor, Government Siddha Medical College, Palayamkottai, Tirunelveli District.

... Petitioner Vs.

1. The State of Tamil Nadu Rep.by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai.

2. The Commissioner/Director of Indian Medicine and Homeopathy, Arumbakkam, Chennai.

... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to promote the petitioner notionally as Lecturer (Siddha) and for the consequential other promotions on par with petitioner's junior and by considering petitioner's representation dated 19.02.2018 within the period that may be stipulated by this Court. For Petitioner : Mr.M.Ajmal Khan, Senior Counsel for M/S.Ajmal Associates For Respondents : Mr.S.Dhayalan, G.A.

O R D E R

This Writ Petition has been filed to direct the respondents to promote the petitioner as Lecturer (Siddha) with the consequential relief of granting promotion on par with his junior by considering his representation dated 19.02.2018 within a stipulated time. 2.Mr.S.Dhayalan, learned Government Advocate takes notice for the respondents. By consent, this Writ Petition is taken up for hearing at the stage of admission itself.

3.The case of the petitioner is that as per G.O.Ms.No.1328, the petitioner has not been given promotion as Lecturer, even after completion of his M.D., in the year 2002. In this regard, the petitioner had made a representation dated 19.02.2018 to the respondent concerned.

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4.The learned counsel for the petitioner submitted that it would suffice if the representation of the petitioner, dated 19.02.2018, is disposed of, in accordance with law, in a time bound manner.

5.In view of the limited scope of the prayer sought for, this Court, without going into the merits of the matter, directs the respondents to consider the representation of the petitioner, dated 19.02.2018 and pass necessary orders thereon, in accordance with law, after giving notice to the interested parties, if any, including the petitioner, within a period of two months from the date of receipt of a copy of this order. The promotions already made shall not be disturbed.

6.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar(CS-I) To

1. The Principal Secretary, State of Tamil Nadu Health and Family Welfare Department, Secretariat, Chennai.

2. The Commissioner/Director of Indian Medicine and Homeopathy, Arumbakkam, Chennai.

+1cc to M/S.Ajmal Associates, Sr.No.86069 +1cc to Spl.Government Pleader Sr.No.86209 GNS VB/RSK/SAR1/16.10.2018/2P/5C W.P.(MD)No.20115 of 2018 20.09.2018 https://hcservices.ecourts.gov.in/hcservices/