K. Rajendran v. The State Represented By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2017

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.651 of 2017 K.Rajendran ... Petitioner -vs1.

The State represented by The Director, Directorate of Medical and Rural Health Services, Thenampettai, Chennai-600 006.

2.

The Dean, The Government Rajaji Hospital, Madurai-20.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1st respondent to give promotion to the petitioner to the post of Junior Assistant by considering the petitioner's representation dated 29.11.2016.

For Petitioner : Mr.V.Kathirvelu, Senior Counsel For Mr.K.Prabhu For Respondents : Mr.S.Sathish Kumar Addl. Govt. Pleader *****

O R D E R

This petition has been filed, seeking to direct the 1st respondent to give promotion to the petitioner to the post of Junior Assistant by considering the petitioner's representation dated 29.11.2016.

2. The case of the petitioner is that pursuant to the complaint of receipt of bribe from the inpatients, after completion of enquiry, he was imposed with punishment of stoppage of increment for one year without cumulative effect; that the 1st respondent has collected a list for promotion of Junior Assistant and though his name is at Sl.No.17, he has not been called for counselling for promotion; that the petitioner submitted a representation dated 29.11.2016 to the 1st respondent in this regard, which did not evoke any response. Therefore, the petitioner is before this Court, seeking the direction stated supra.

3. Heard the learned counsel for the petitioner and the

learned Additional Government Pleader appearing for the respondents, who would submit that the 1st respondent is prepared to consider the representation of the petitioner and to pass suitable orders on the same.

4. In view of the limited scope of the prayer sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to consider the representation dated 29.11.2016, submitted by the petitioner and to pass appropriate orders thereon on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order, if there is no legal impediment to do so.

5. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar[AE] /True copy/ Sub Assistant Registrar To:

1.

The Director, Directorate of Medical and Rural Health Services, Thenampettai, Chennai-600 006.

2.

The Dean, The Government Rajaji Hospital, Madurai-20.

+1cc to Mr.K.Prabhu,Advocate,SR.2468 W.P.(MD) No.651 of 2017 12.01.2017 kk-skn-rsk-sar3-15.02.2017-2p-3c