B.Jansi Rani v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR B. Jansi Rani ... Petitioner Vs.
1. The State of Tamil Nadu, rep. by its Principal Secretary, Department of Health and Family Welfare, Secretariate, Chennai -9.
2.The Director, Public Health and Preventive Medicine, Teynampet, Chennai -6.
3.The Director, Medical and Rural Health Services, Teynampet, Chennai - 06.
4.The Assistant Director, Public Health and Preventive Medicine, Meenakshinayakkan Patti, Dindigul.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent No.1 to dispose the proposal sent by the respondent No.2 dated 12.04.2018 and bring the petitioner's services under time scale of pay with effect from 28.03.2018 and regularise her service by considering her representation dated 28.06.2019 with all consequences benefits within the time stipulated by this Court. For Petitioner : Mr.T. Thirumurugan For Respondents : Mr. M. Pandiarajan Additional Government Pleader
ORDER
This writ petition has been filed for issuing a direction to the 1st respondent to dispose the proposal sent by the 2nd respondent, dated 12.04.2018 and bring the petitioner's services under time scale of pay with effect from 28.03.2018 and regularize 1/5
her service by considering her representation, dated 28.06.2019, within the time frame to be fixed by this Court.
2. Mr.M. Pandiarajan, learned Additional Government Pleader took notice notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself.
3. According to the petitioner, she has made a representation, dated 28.06.2019 to the first respondent to dispose of the proposal sent by the second respondent, dated 12.04.2018 and to bring her service under the Time Scale of Pay and for regularization. But, the same has not been considered by the respondents so far. In such circumstances, the petitioner has filed the present Writ Petition before this Court.
4.
At the time of hearing, the learned counsel appearing for the petitioner submitted that even though a larger relief is sought for in this Writ Petition, it would suffice, if a direction is issued to the first respondent to consider and pass orders on the representation of the petitioner dated 28.06.2019.
5. The learned Additional Government Pleader appearing for the respondents would submit that the second respondent has submitted the proposal to the first respondent and the same is pending. He would further submit that the representation of the petitioner, dated 28.06.2019 will be considered by the 1st respondent on merits and in accordance with law.
6. Having regard to the scope of the prayer made by the petitioner and considering the submissions made on either side, this Court, without expressing any opinion on the merits of the petitioner's case, directs the first respondent to consider the representation of the petitioner, dated 28.06.2019 and pass appropriate orders on merits and in accordance with law, as expeditiously as possible, in any event, not later than twelve weeks from the date of receipt of a copy of this order.
7. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) 2/5
To
1. The Principal Secretary, Department of Health and Family Welfare, Secretariate, Chennai -9.
2.The Director, Public Health and Preventive Medicine, Teynampet, Chennai -6.
3.The Director, Medical and Rural Health Services, Teynampet, Chennai - 06.
4.The Assistant Director, Public Health and Preventive Medicine, Meenakshinayakkan Patti, Dindigul.
+1 CC to Mr.T.THIRUMURUGAN, Advocate SR-79826. +1 CC to SPL GP SR-79963.
05.08.2019 CS(27.08.2019) 3P 7C 3/5