M.Leema Rose, W/O.Isac Jebaraj v. The Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2016 C O R A M THE HONOURABLE Dr.JUSTICE S.VIMALA Writ Petition (MD) No.18209 of 2016 M.Leema Rose .. Petitioner Vs.

1.The Secretary, Health and Family Welfare, Secretariat, Chennai - 600 009.

2.The Director, Medical Education, Kilpauk, Chennai - 600 010.

3.The Director, Medical and Rural Health Services, Chennai - 600 006.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus directing the 2nd respondent to consider the petitioner's application dated 03.08.2016 to transfer her from Primary Health Centre Kuttakuli, Kanyakumari District to Asaripallam Government Medical College Hospital, Kanyakumari District.

For petitioner ... Mr.T.Lenin Kumar For Respondents ... Mr.T.S.Mohammed Mohideen Additional Govt.Pleader

O R D E R

This is a Writ of Mandamus seeking direction to the 2nd respondent to consider the petitioner's application dated 03.08.2016 to transfer her from Primary Health Centre Kuttakuli, Kanyakumari District to Asaripallam Government Medical College Hospital, Kanyakumari District.

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents. 3.It is the grievance of the petitioner that from 2013 onwards, even though she is functioning without any blemishes on record, her request for transfer has not been considered so far. As her application dated 03.08.2016 has not been considered, this writ petition has been filed.

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4.The learned Additional Government Pleader for the respondents would state that transfer counselling and promotion counselling are scheduled to takes place on 21.09.2016 and 23.09.2016 respectively and the transfer counselling is already over and promotion counselling is to be held on 23.09.2016. 5.Anticipating that if in the promotion counselling, some candidate is promoted, that vacant place may become available to the petitioner, this writ petition has been filed. As it is contended that the petitioner's husband is suffering from renal failure and also considering that the request is pending consideration for a long number of years, the respondent Nos.2 and 3 are directed to consider the claim made by the petitioner, in the light of the representation, dated 03.08.2016, after completion of the promotion counselling on 23.09.2016/or in the available vacancy.

6.The writ petition is disposed of accordingly. No costs. Sd/ Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar To 1.The Secretary, Health and Family Welfare, Secretariat, Chennai - 600 009.

2.The Director, Medical Education, Kilpauk, Chennai - 600 010.

3.The Director, Medical and Rural Health Services, Chennai - 600 006.

+1cc to M/S.T.Lenin Kumar, Advocate in SR.No.54896 Writ Petition (MD) No.18209 of 2016 22.09.2016 rj2 PA/AAL-MPA/SAR LIB/22.09.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/