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Madras High CourtSUB A(MD)/154/2022closed

N.Muthulakshmi v. Dr.Gurunathan. Md,

2022-12-09Honourable Mr Justice M.Dhandapani2 pages

SUB A(MD). No.154 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Ninth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SUB A(MD). No.154 of 2022 in Cont.P(MD)1326 OF 2022 N.Muthulakshmi ... Petitioner/Petitioner Vs Dr.Gurunathan. Md, The Director, Medical and Rural Health Services, D.M.S. Campus, Teynampet, Chennai - 600 006. ... Contemnor/Respondent Prayer in Sub A(MD) 154 of 2022:- This Sub Application filed under section 151 of C.P.C.,to reopen the contempt petition order passed by this Honourable Court in Cont P(MD).No. 1326 of 2022 order dated 19-09-2022. Prayer in Prayer in CONT P(MD). 1326/ 2022 :

Contempt Petition filed under Section 11 Contempt of Court Act, to punish the respondent herein for committing grave contempt and gross disobedience of the order passed by this Honourable Court in WP(MD).No. 12815 of 2020 dated 15-06-2022. Prayer in WP(MD). 12815/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARI calling for the records of the 2nd respondent in Ref.No.20499/N2/2/2019 dated on 24.06.2019 and quash the same. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.R.Vijaya Raghavan, Advocate for the Petitioner, this Court made the following order: The case of the petitioner is that the petitioner was serving as a nurse at Government Thanjavur Medical College Hospital, Thanjavur. She had sought for transfer to the Government Head Quarters Hospital, Tenkasi or Government Hospitals at Kadayanallur, Shengottai or Puliyankudi in Tirunelveli District. Since her application was not considered, she filed a writ petition before this Court in W.P(MD)No.9354 of 2020. This Court vide order, dated 16.04.2019, directed the respondent to consider and pass appropriate orders. Pursuant to which, the respondent rejected the petitioner's request on 24.06.2019.

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SUB A(MD). No.154 of 2022

2. Challenging the same, the petitioner filed a writ petition before this Court in W.P(MD)No.12815 of 2020. This Court vide order dated 15.06.2022, granted liberty to the petitioner to make fresh application seeking for transfer or deputation to the Government Head Quarters Hospital, Tenkasi or Government Hospitals in Kadayanallur, Shengottai, Puliyankudi in Tirunelveli District and within a period of two weeks from the date of receipt of a copy of such application, the respondent was directed to consider and pass appropriate orders and the same was not complied with.

3. Hence, the petitioner filed a contempt petition before this Court in Cont.P(MD) No.1326 of 2022. The contempt petition was closed on the ground that diversion order was passed on 17.09.2022. However, the grievance of the petitioner is that though the order was passed in favour of the petitioner, the said order was not implemented. Hence, she filed the present sub-application before this Court.

4. Since the order passed by this Court is complied with, there is no need for re-opening of the contempt petition. Accordingly, this Sub application stands closed. Sd/- Assistant Registrar (CS-II) // True Copy // /12/2022 Sub Assistant Registrar(CS) BTR/PM TO 1.The Director Medical and Rural Health Services, D.M.S. Campus, Teynampet Chennai - 600 006.

ORDER DATED : 09/12/2022 =========================

ORDER

========================== SUB A(MD). No.154 of 2022 in Cont.P(MD)1326 OF 2022 Giving direction and etc.

as stated within.

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