Muthuramalingam .M v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.27834 of 2022 M.Muthuramalingam ... Petitioner vs.

1.The Secretary to Government, Health and Family Welfare (AA1) Department, Secretariat, Chennai 600 009.

2.The Director of Medical Education, Kilpauk, Chennai 600 010.

3.The Dean, Madurai Medical College, Madurai 625 020.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent i.e., the Secretary to Government, Health and Family Welfare (AA1) Department, Chennai to revise the inter-se seniority of the petitioner according to his date of joining in the post of Pharmacist on 01.09.2006 1/6

on par with Directly Recruited Candidates who were directly recruited on 29.08.2007, within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For R1 & R2 : Mr.S.Saji Bino Special Government Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the first respondent i.e., the Secretary to Government, Health and Family Welfare (AA1) Department, Chennai to revise the inter-se seniority of the petitioner, according to his date of joining in the post of Pharmacist on 01.09.2006, on par with Directly Recruited Candidates, who were directly recruited on 29.08.2007.

2. By consent of both parties, the writ petition itself is taken up for final disposal at the admission stage.

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3. The learned counsel appearing for the petitioner would submit that there was an inter se seniority dispute between the petitioner and directly recruited candidates, who are directly recruited on 29.08.2007, whereas he was joining duty on 01.09.2006. In order to remove the inter se seniority in between the petitioner and the direct recruitment candidates, the petitioner has made a representation on 21.09.2022, to the first respondent. Since the said representation was not considered, the petitioner has filed the present writ petition.

4. The learned counsel appearing for the petitioner would submit that it would suffice if a direction is issued to the first respondent to consider the petitioner's representation and pass appropriate orders.

5. Heard the leaned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 and 2. 3/6

6. In the light of the submission made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the first respondent to consider the petitioner's representation dated 21.09.2022 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

09.12.2022 Index:Yes/No Internet:Yes/No akv 4/6

To 1.The Secretary to Government, Health and Family Welfare (AA1) Department, Secretariat, Chennai 600 009.

2.The Director of Medical Education, Kilpauk, Chennai 600 010.

3.The Dean, Madurai Medical College, Madurai 625 020.

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M.DHANDAPANI,J.

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