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Madras High CourtWP(MD)/20349/2021disposed of

Justin Suresh.J v. State Of Tamil Nadu

2022-02-04Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.16992 of 2021 J.Justin Suresh ... Petitioner versus

1. State of Tamil Nadu, Rep. by its Secretary for Health & Family Welfare (AA1) Department, Fort St. George, Chennai - 9.

2. The Director, Directorate of Medical Education, Kilpauk, Chennai - 10.

3. The Dean, Thanjavur Medical College, Thanjavur.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the second respondent to pass suitable orders and regularize the petitioner present post namely Lecturer in Pharmacy from the date of his promotion 17.10.2015 and include the petitioner's name in the panel list for the post of Librarian Grade-I for the year 2019-2020 within the time stipulated by this Court.

For Petitioner : Mr.K.Sudalaiyandi For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader

ORDER

This writ petition is filed by the petitioner for a Mandamus directing the second respondent to regularise his service as Lecturer in Pharmacy from the date of his promotion, i.e. 17.10.2015 and to include his name in the panel for the post of Librarian Grade I for the year 2019-2020.

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2. When the writ petition was taken up for hearing, the learned counsel for the petitioner submitted that the third respondent has already sent a proposal in this regard to the second respondent and it is under consideration of the second respondent and it would be suffice to direct the second respondent to take a decision on the proposal made by the third respondent within a reasonable time.

3. In view of the said submission, this Court directed the learned Additional Government Pleader appearing for the respondents to ascertain as to whether any such proposal has been made by the third respondent.

4. Today, the learned Additional Government Pleader appearing for the respondents has also produced a written communication of the third respondent dated 13.12.2021 that a proposal has been made to the second respondent with regard to the relief sought for in this writ petition and it is under consideration of the second respondent.

5. In view of the submission made on either side and the written communication of the third respondent, the writ petition is disposed of with a direction to the second respondent to take a decision on the proposal made by the third respondent in his proceedings dated 27.07.2021, on its merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar /TRUE COPY/ / /2022 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. To

1. The Secretary for Health & Family Welfare (AA1) Department, Fort St. George, Chennai - 9.

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2. The Director, Directorate of Medical Education, Kilpauk, Chennai - 10.

3. The Dean, Thanjavur Medical College, Thanjavur.

+1 CC to M/s.K.SUDALAIYANDI, Advocate ( SR-4336[F] dated 04/02/2022 ) +1 CC to M/s.SPL.GP ( SR-4530[F] dated 07/02/2022 ) 04.02.2022 MK/18.03.2022/3P/6C 3/3