Venkateswaran.S v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2021
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR S.Venkateswaran ... Petitioner Vs.
1.The Director Office of the Director of Medical and Rural Health Services, Chennai - 600 006.
2.The Health Secretary, Government of Tamil Nadu, Chennai.
3.The Joint Director, Medical and Rural Health Services, Virudhunagar District.
4.The Deputy Director of Health Services, Virudhunagar District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents to include the name of the petitioner in the panel of Chief Pharmacist for the year 2021-2022 published in the 1st respondent's Ref.No.29220/E5(1)/2/2021, dated 23.06.2021 and consequently direct the 1st respondent to permit him to attend the oncoming counselling and selection process scheduled to be conducted by the respondents infurtherance of the above said panel of Chief Pharmacists dated 23.06.2021.
For Petitioner :
Mr.K.Muthumalai For Respondents :
Mr.A.K.Manikkam Standing Counsel for State.
O R D E R
Mr.A.K.Manikkam, learned Standing Counsel for State takes notice for respondents.
2.By consent, this Writ Petition is taken up for final disposal.
3.The case of the petitioner is that the petitioner's name was included in the Seniority list of Pharmacists from May 1990 - December 2002 as S.No.1842. However, the petitioner's name was not 1/3
included in the panel for promotion to the post of Chief Pharmacists for the year 2021-2022 published by the first respondent. Hence, the petitioner made a representation dated 28.06.2021, to include his name in the panel for promotion to the post of Chief Pharmacists. Since the same was not considered by the respondents, the petitioner has filed this Writ Petition.
4.The learned counsel appearing for the respondents would submit that the representation of the petitioner dated 28.06.2021 will be considered by the respondents.
5.Even though the petitioner has made a larger relief, in the hearing today, the learned counsel appearing for the petitioner restricted the prayer and submitted that it would suffice, if there is a direction to the first respondent to dispose the representation of the petitioner dated 28.06.2021.
6.Considering the limited scope of prayer now sought for by the learned counsel for the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to consider the petitioner's representation dated 28.06.2021, on its own merits and in accordance with law and pass orders as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order, by taking note of the proposal submitted by the third respondent in his proceeding dated 08.07.2021.
7.With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.The Director Office of the Director of Medical and Rural Health Services, Chennai - 600 006.
2.The Health Secretary, Government of Tamil Nadu, Chennai.
3.The Joint Director, Medical and Rural Health Services, Virudhunagar District.
4.The Deputy Director of Health Services, Virudhunagar District.
+1 CC to M/s.SPL. GP ( SR-29567[F] dated 20/09/2021 ) W.P.(MD).No.16763 of 2021 17.09.2021 RS (01.10.2021) 3P 6C 3/3