R.Vasthy Vaiduriyam v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.20591 of 2016 R.Vasthy Vaiduriyam ... Petitioner -vs1.State of Tamil Nadu, rep.by its Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai - 9.

2.The Director, Directorate of Public Health and Preventive Medicine, Chennai - 6.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 21.09.2016 for promotion to the post of joint State Maternal & Child Health Officer taking into account of the petitioners seniority and in the light of promotion given to her junior viz. Tmt. R.Kalaiselvi by the 2nd respondent in his proceedings in R.No.76470/MP3/S1/2014 dated 26.07.2016 within the period that may be stipulated by this Court.

For Petitioner : Mr.C.Venkatesh Kumar FOR M/S AJMAL ASSOCIATES For Respondents : Mr.A.Muthukaruppan Additional Government Pleader

O R D E R

This Writ petition has been filed for the issuance of a writ of mandamus, seeking a direction to the second respondent to consider the petitioner's representation dated 21.09.2016, under which, promotion to the post of Joint State Maternal & Child Health Officer has been sought for.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, who takes notice for the respondents. By consent the writ petition itself is taken

up for final disposal at the admission stage. 3.The petitioner was initially appointed as staff nurse on 17.09.1982 in the Government Kasthuriba Gandhi Hospital for Women & Children, Chennai. Thereafter she was appointed as District Public Health Nurse by the proceedings of the second respondent dated 30.05.1988. Now the petitioner is working as Maternal Health Child Officer at Multipurpose Health Worker (Female) Training School, Tirunelveli Medical College Hospital, Tirunelveli. 4.The second respondent proposed to fill up six posts of Joint State Maternal and Child Health Officer, in terms of the posts sanctioned vide G.O.Ms.No.241, Health and Family Welfare

(12) Department dated 25.10.2013 as per seniority. 5.The grievance of the petitioner is that in the seniority list, her name stands in Serial No.16, whereas, one R.Kalaiselvi, who is junior to the petitioner, stands in Serial No.22 and she was promoted as Joint State Maternal and Child Health Officer Headmaster by overlooking the seniority of the petitioner. Therefore, the petitioner has submitted a representation dated 21.09.2016 to the second respondent, requesting to promote her as Joint State Maternal and Child Health Officer. As the second respondent has not considered the representation so far, this Writ petition has been filed.

6.The learned Additional Government Pleader would submit that the second respondent will consider the representation of the petitioner dated 21.09.2016 within a time frame to be fixed by this Court.

7.Accordingly, the second respondent is directed to consider the representation of the petitioner dated 21.09.2016 and to pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

8.The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(RTI /True Copy/ Sub Assistant Registrar mj

To 1.Secretary to Government, State of Tamil Nadu, Health and Family Welfare Department, Secretariat, Chennai - 9.

2.The Director, Directorate of Public Health and Preventive Medicine, Chennai - 6.

+1cc to M/s AJMAL ASSOCIATES,Advocate Sr.No. 64314 JAM/18.11.16/CK/3P-4C W.P(MD)No.20591 of 2016 26.10.2016