Durgadevi .K v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Durgadevi ... 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 : Petition filed under Article 226 of the Constitution of India praying for issuance of 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 list of the petitioner
according to her 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, within a specified time frame that may be fixed by this Court. For Petitioner :
Mr.S.Visvalingam For Respondents :
Mr.J.Ashok Additional Government Pleader
O R D E R
This Writ Petition has been filed for a direction to the first respondent i.e., the Secretary to Government, Health and Family Welfare (AA1) Department, Chennai to revise the inter-se seniority list of the petitioner according to her 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. The case of the petitioner is that the petitioner was appointed as Pharmacist on 01.09.2006 in the ESI Dipsensary, Sankaralingapuram, Virudhunagar District and thereafter, she was promoted as Lecturer in Pharmacy on 16.10.2015. In the inter-se seniority list, the petitioner's date
of joining in the Department has not been taken for fixing the seniority between the temporary candidates and the departmental promotees. It is further submitted that the temporary candidates numbering about 23 persons who also joined duty, subsequent to her appointment have been placed above her name in the inter-se seniority list. Hence, she made a representation to the respondents on 21.09.2022 seeking to revise the inter-se seniority list. But, till date, no order was passed. Therefore, the petitioner has filed the present Writ Petition with the aforesaid prayer.
3. The learned counsel appearing for the petitioner would submit that it would suffice, if the first respondent is directed to dispose of the representation of the petitioner, dated 21.09.2022, on merits and in accordance with law, within a specified period.
4. The learned Additional Government Pleader appearing for the respondents has no serious objection for such an order being passed by this Court.
5. Considering the limited request 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 after affording an opportunity of hearing to the petitioner as well as other interested parties, if any.
6. With the above direction, this Writ Petition is disposed of. No costs.
13.12.2022 Index : Yes / No Speaking Order : Yes / No vji
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.
M.DHANDAPANI,J.
vji 13.12.2022