Dr.S.Vijaya Raghavan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and W.M.P(MD).Nos.17529, 17530 and 17531 of 2019 1.S.Vijaya Raghavan, Dr.
... Petitioner in WP(MD).No.20952 of 2019 2.M.Shanmuga Sundaram, Dr.
... Petitioner in WP(MD).No.20953 of 2019 3.S.Senthil Kumar, Dr.
Petitioner in WP(MD).No.20955 of 2019 -Vs1.The State of Tamil Nadu Represented by its Secretary Department of Health and Family Welfare Fort St.George 2.The Director of Medical Education Office of the Director of Medical Education Kilpauk, Chennai ... Respondents in all the Writ Petitions COMMON PRAYER: These Writ Petitions have been filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent No.2 to promote the petitioners to the post of Professor in Anesthesiology and consequently, direct the respondent No.2 to issue the transfer order and permit the petitioners to discharge their services as professor in Anesthesiology at Madurai Medical Collage, Madurai. For Petitioners : Mr.T.Lajapathi Roy (In all the petitions) For Respondents : Mr.V.R.
Shanmuganathan Special Government Pleader (In all the petitions) COMMON ORDER These writ petitions have been filed for a direction to the respondent No.2 to promote the petitioners to the post of Professor in Anesthesiology and consequently, direct the respondent No.
petitioners to discharge their services as professor in Anesthesiology at Madurai Medical Collage, Madurai. 2.The learned counsel appearing for the petitioners submitted that the petitioners have participated in the promotion counselling held on 26.02.2019 and they had opted for the post of Professor in Anesthesiology in Madurai Medical College. But, they did not receive any promotion and transfer order. Hence, the petitioners have come out with the present Writ petitions. 3.The learned Special Government Pleader appearing for the respondents, submitted that there is no vacancy in the Madurai Medical College and the same will be communicated to the petitioners.
4.At this juncture, the learned counsel appearing for the petitioners submitted that it would suffice, if a direction is issued to the respondents to consider the representations of the petitioners, dated 01.07.2019 and 04.07.2019 respectively, within a time frame that may be fixed by this Court. 5.Recording the submission made by the learned counsel for the petitioners, without deciding the issue on merits, the second respondent is directed to consider the representations of the petitioners, dated 01.07.2019 and 04.07.2019 respectively and pass orders on merits and in accordance with law, within a period of eight(8) weeks, from the date of receipt of a copy of this order. 6.With the above direction, these Writ Petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (AD I) // True Copy // Sub Assistant Registrar(CS) msa To 1.The Secretary State of Tamil Nadu Department of Health and Family Welfare Fort St.George 2/3
2.The Director of Medical Education Office of the Director of Medical Education Kilpauk +3 CC to M/s.T. LAJAPATHI ROY, Advocate ( SR-90396 TO 90398[F] dated 30/09/2019 ) +1 CC to M/s.SPL GP ( SR-90578[F] dated 30/09/2019 ) and W.M.P(MD).Nos.17529, 17530 and 17531 of 2019 27.09.2019 KM/(25.10.2019) 3P 7C 3/3