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Madras High CourtWP(MD)/17612/2018allowed

M.K.Hema Malini v. The Secretary To Government

2021-11-16Honourable Dr Justice Anita Sumanth2 pages

W.P(MD).No.17612 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.11.2021

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD).No.17612 of 2018 and W.M.P.(MD).No.15486 of 2018 M.K.Hema Malini ... Petitioner vs.

1.The Secretary to Government, Department of Health Services, Chennai.

2.The Director, Directorate of Medical Services, DMS Campus, Teynampet, Chennai.

3.The Deputy Director of Health Services, Health Service Department, Sivagangai, Sivagangai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned orders passed by the third respondent in his proceedings m.jpK.v.z;,7498/m4/2013, dated 23.10.2013 and quash the same and consequentially direct the respondents to appoint the petitioner any suitable post in the respondents Department as suitable for the qualification of the petitioner within a stipulated period prescribed by this Court.

For Petitioner : Mr.K.Mahendran For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

O R D E R

The petitioner seeks compassionate employment in the Directorate of Medical Services and challenges order dated 23.10.2013, rejecting her request for appointment in place of her father, who had passed away on 24.06.2012, while working as a driver https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.17612 of 2018 in R3. The reason advanced for the rejection of the petitioner's claim is her marital status.

2. At paragraph-6 of the counter, the respondents state that the application of the petitioner, who stands at Seniority 635(B), is under process and that she will be appointed in due course. The Government counsel also assures the Court that her appointment is eminent and that the aforesaid position has been conveyed to the petitioner by R2, vide letter dated 11.03.2020.

3. Thus and as the appointment of the petitioner is a matter of time, this Court expecting that the same will be completed within a period of eight weeks from today, this Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) akv 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 to Government, Department of Health Services, Chennai.

2.The Director, Directorate of Medical Services, DMS Campus, Teynampet, Chennai.

3.The Deputy Director of Health Services, Health Service Department, Sivagangai, Sivagangai District.

+1 CC to M/s.K. MAHENDRAN, Advocate ( SR-34698[F] dated 16/11/2021 ) +1 CC to M/s.SPL GP ( SR-34766[F] dated 17/11/2021 ) ORDER MADE IN W.P.(MD)No.17612 of 2018 16.11.2021 DKS(CO) TR(30.11.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2