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Madras High CourtWP(MD)/16998/2014closed

Dr.K. Shanthi, v. The Director Of Medical

2019-08-05Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.16998 of 2014 and M.P(MD)Nos.1 & 2 of 2014 and W.P(MD)No.15763 of 2014 and M.P(MD)Nos.1 & 2 of 2014 W.P(MD)No.16998 of 2014 Dr.K.Shanthi ... Petitioner in both writ petitions Vs.

1.The Director of Medical & Rural Health Services DMS Compound, Teynampet, Chennai-600 018.

2.The Joint Director of Medical and Rural Health Services, Tenkasi, Tenkasi Taluk, Tirunelveli District.

3.The Medical Officer, Government Hospital, Melapalayam-627 005, Tirunelveli, Tirunelveli District.

4.Dr.S.Veerabagu 5.The Medical officer, Government Hospital, Ambasamudram-627 401, Tirunelveli, Tirunelveli District.

... Respondents in both writ petitions PRAYER in W.P(MD)No.16998 of 2014 : Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the third respondent Medical Officer in Na.Ka.No.428/Ne/2014 dated 08.10.2014 quash the same and further direct the respondents to allow forthwith the petitioner to continue to serve in her original station i.e., Government Hospital at Melapalayam, Tirunelveli District.

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PRAYER in W.P(MD)No.15763 of 2014: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order issued by the third respondent Medical Officer in Na.Ka.No.554/Ne/2013 dated 03.01.2013 and the consequential order issued by the second respondent Joint Director in Na.Ka.No.4464/Cma/2014 dated 02.07.2014 quash the same and further direct the respondents to allow forthwith the petitioner to continue to serve in her original station i.e., Government Hospital at Melapalayam, Tirunelveli District.

IN BOTH WRIT PETITIONS For Petitioner : Mr.P.Muthuvel For R1 to R3 & R5 : Mr.S.Dhayalan, Government Advocate For R4 : No appearance COMMON ORDER The learned counsel appearing on behalf of the writ petitioner made a submission that in October 2018 during the pendency of these writ petitions, the writ petitioner was once again deputed to Government Hospital at Nanguneri. The transfer was made on administrative grounds and in the interest of the patients, who all are approaching the Government Hospital for treatment. 2.Though the transfer was made again during pendency of these writ petitions, in the interest of public and in the interest of the patients, who all are approaching the Government Hospital for taking treatment, this Court cannot interfere.

However, the learned counsel for the petitioner made a submission that the writ petitioner had already joined in the transferred place and therefore, the writ petitions deserve no merit consideration. 3.Accordingly, these writ petitions stand closed. No costs. Consequently, connected miscellaneous petitions are closed.

To 1.The Director of Medical & Rural Health Services DMS Compound, Teynampet, Chennai-600 018.

2.The Joint Director of Medical and Rural Health Services, Tenkasi, Tenkasi Taluk, Tirunelveli District.

3.The Medical Officer, Government Hospital, Melapalayam-627 005, Tirunelveli, Tirunelveli District.

4.The Medical officer, Government Hospital, Ambasamudram-627 401, Tirunelveli, Tirunelveli District.

+2CC TO MR.ISAAC CHAMBERS, Advocate Sr. No.80057 & 80058 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.799801 W.P.(MD)No.16998 of 2014 and W.P(MD)No.15763 of 2014 GRC(CO) TR (14.08.2019) 3P 8C 3/3