Madras High CourtWP(MD)/1148/2018dismissed

N.J.Selvakumar, v. The Director Of Medical

2021-11-09Honourable Dr Justice Anita Sumanth2 pages

W.P.(MD) No.1148 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2021

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No.1148 of 2018 and W.M.P(MD).Nos.1227 & 1228 of 2018 N.J.Selvakumar .. Petitioner Vs.

1.The Director of Medical and Rural Health Services, Thenampettai, Chennai-6.

2.The Deputy Director of Health Service, Kanyakumari District, at Krishnankovil, Nagercoil.

3.The Block Medical Officer, Primary Health Centre, Kothanallur, Mekamandapam Post, Kanyakumari District. .. Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to promote the petitioner as Chief Pharmacist on par with his immediate junior one V.Nagarajan by considering the representation of the petitioner dated 09.01.2018 and to grant all benefits both monitory and service within the time frame that may be fixed by this Court. For Petitioner : No appearance For R1 to R3 : Mr.K.S.Selvaganesan Standing Counsel for State

ORDER

The petitioner has sought a Mandamus to direct the respondents to promote him as Chief Pharmacist on par with his immediate junior one V.Nagarajan. In this regard, he has filed a representation dated 09.01.2018 to similar effect.

https://hcservices.ecourts.gov.in/hcservices/ _____________ Page No.1 of 2

W.P.(MD) No.1148 of 2018

2. The petitioner has been convicted on a criminal charges and such conviction is the subject matter of criminal appeal in Crl.A.No.527 of 2017 pending on the file of this Court. Consequent upon the conviction, the petitioner has been dismissed from service and the order of dismissal, learned Standing counsel confirms, has not been challenged by the petitioner. 3.The aforesaid sequence of facts are recorded as a result that Mandamus, as sought for, is not liable to be granted. Thus, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Dn To 1.The Director of Medical and Rural Health Services, Thenampettai, Chennai-6.

2.The Deputy Director of Health Service, Kanyakumari District, at Krishnankovil, Nagercoil.

3.The Block Medical Officer, Primary Health Centre, Kothanallur, Mekamandapam Post, Kanyakumari District.

+1 CC to M/s.SPL.GP ( SR-33959[F] dated 10/11/2021 ) +1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-34142[F] dated 11/11/2021 ) W.P.(MD)No.1148 of 2018 09.11.2021 RD/(25.11.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ _____________ Page No.2 of 2