Madras High CourtWP(MD)/18390/2016disposed of

R.Nagajothi, v. The Secretary

2016-09-26Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.18390 of 2016 and W.M.P(MD)Nos.13264 and 13265 of 2016 R.Nagajothi ... Petitioner vs.

1)The Secretary, Department of Health, State of Tamil Nadu, Secretariat, Chennai.

2)The Project Director, Tamil Nadu State AIDS Control Society, 417, Panthian Road, Egmore, Chennai.

3)The Joint Director of Health Services, Madurai at Usilampatti, Madurai District.

4)The Chief Medical Officer, Government Hospital, Thirumangalam, Madurai District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 3rd respondent in Ref.No.6062/E2/2013 dated 30.04.2014 and quash the same as illegal and consequently direct the respondents to reinstate the Petitioner as Community Care Coordinator in ART Centre, Government Hospital, Thirumangalam with continuity of service with all other benefits.

For Petitioner : Mr.K.Neelamegam For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader

ORDER

This Writ of Certiorarified Mandamus has been filed, calling for the records relating to the impugned order of the 3rd respondent in Ref.No.6062/E2/2013, dated 30.04.2014, and quash the same as illegal and consequently direct the respondents to reinstate the petitioner as Community Care Coordinator in ART Centre, Government Hospital, Thirumangalam, with continuity of service and all other benefits.

2.The petitioner who was appointed as Care Co-ordinator in ART Centre, Government Hospital, Thirumangalam, on a contract basis with the consolidated salary of Rs.4,600/- per month for a period of one year, has been terminated by order dated 02.05.2014. 3.It is the case of the petitioner that consistently he has been making representations, the last of which dated 16.09.2016, to the respondents, especially to the respondents 2 and 3, asking them to consider his representation that he must be permitted to continue in the employment. As there was no response from the respondents, this writ petition has been filed, for the relief stated supra.

4.The learned Additional Government Pleader appearing for the respondents submitted that it is agreeable for the respondents to consider the representation of the petitioner dated 16.09.2016 and to pass orders.

5.Recording the above submission, this Writ Petition is disposed of directing the respondents 2 and 3 to consider the representation dated 16.09.2016 and to pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, W.M.P(MD)Nos.13264 and 13265 of 2016 are closed. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar nbi To 1)The Secretary,Department of Health, State of Tamil Nadu,Secretariat, Chennai.

2)The Project Director, Tamil Nadu State AIDS Control Society, 417, Panthian Road,Egmore, Chennai.

3)The Joint Director of Health Services, Madurai at Usilampatti, Madurai District.

4)The Chief Medical Officer, Government Hospital, Thirumangalam, Madurai District.

+1CC to Spl.Government Pleader Sr.No.56090 +1CC to Mr.K.Neelamegam, Advocate Sr.No.55722 GJM/SKS/RR/17.10.16-3p-7c W.P(MD)No.18390 of 2016 26.09.2016