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Madras High CourtWP(MD)/17062/2020disposed of

Dr.S.B.Sivathanu v. The State Of Tamilnadu

2020-11-27Honourable Mr Justice Krishnan Ramasamy2 pages

W.P.(MD).No.17062 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD).No.17062 of 2020 Dr.S.B.Sivathanu ... Petitioner -Vs1.State of Tamil Nadu rep., by its Secretary to the Government, Department of Health and Family Welfare, St.George Fort, Chennai-9.

2.The Director of Medical Education, O/o. The Director of Medical Education, Kilpauk, Chennai 10.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to calculate the station seniority of the petitioner by way of including the services rendered by the petitioner in the Department of Ophthalmology from 16.04.2007 along with the services rendered by the petitioner after re-fitment in the Plastic Surgery Department in Tirunelveli Medical College, Tirunelveli with effect from 01.11.2019 to till date in the upcoming Transfer Counselling for the post of Assistant Professor/Senior Resident/Junior Resident under the control of the second respondent within the time period stipulated by this Court.

For Petitioner : Mr.T.Lajapathy Roy For Respondents : Mr.K.P.Narayanakumar Special Government Pleader

ORDER

Heard Mr.T.Lajapathy Roy, learned counsel for the petitioner and Mr.K.P.Narayanakumar, learned Special Government Pleader, who took notice on behalf of the respondents.

2.By consent of both sides, this writ petition is taken up for final disposal at the admission stage itself. 3.Though the petitioner has sought for larger relief, now he restricts his claim to the extent of directing the respondents to dispose of the petitioner's representation dated 15.09.2020, wherein the petitioner has requested the respondents to calculate the station seniority of the petitioner by way of including the services rendered by the petitioner in the Department of Ophthalmology from 16.04.2007 along with the services rendered by the petitioner after re-fitment in the Plastic Surgery Department in Tirunelveli Medical College, Tirunelveli with effect from 01.11.2019 to till date in the upcoming Transfer Counselling for the post of Assistant https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.17062 of 2020 Professor/Senior Resident/Junior Resident under the control of the second respondent 4.The learned Special Government Pleader fairly submitted that within eight weeks time, the second respondent will be disposed of the representation of the petitioner on merits and in accordance with law.

5.In view of the limited prayer sought for in the present writ petition, this Court directs the second respondent to dispose the petitioner's representation dated 15.09.2020 on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

6.With the above directions, the Writ Petition is disposed of. No costs.

rmk Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Secretary to the Government, Department of Health and Family Welfare, St.George Fort, Chennai-9.

2.The Director of Medical Education, O/o. The Director of Medical Education, Kilpauk, Chennai 10.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-23230[F] dated 30/11/2020 ) +1 CC to M/s.SPL GP ( SR-23345[F] dated 30/11/2020 ) W.P.(MD).No.17062 of 2020 27.11.2020 SSS(CO) KB(17.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2