Citation : 2021 Latest Caselaw 12274 Mad
Judgement Date : 23 June, 2021
WP.No.13049/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
WP.No.13049/2021
[Video Conferencing]
R.Rajalakshmi .. Petitioner
Vs
1.State of Tamil Nadu
rep.by Principal Secretary to Government
Health & Family Welfare Department
Fort St George, Chennai 600 009.
2.The Director of Medical and Rural Services
DMS Campus, Chennai 600 006. .. Respondents
Prayer:-Writ Petition filed under Article 226 of the Constitution of India to
issue a writ of mandamus directing the respondents to pass orders on the
objection submitted by the petitioner dated 12.10.2020 for promotion to
the post of Junior Administrative Officer on inclusion the name of the
petitioner in 2016-2017 panel on par with her junior, consequent to the
revised seniority issued in the post of Assistant and Office Superintendent,
with consequential benefits without reference to the charge memo issued in
Ref.No.34143/SCII/2020 dated 20.08.2020 by the Director of Medical
Education, in compliance of the judgment passed in WP.No.12740/2010
https://www.mhc.tn.gov.in/judis/ 1
WP.No.13049/2021
etc., cases dated 29.08.2019 within a time frame to be fixed by this Court.
For Petitioners : Mr.G.Sankaran
For R1 & R2 : Mr.C.Kathiravan
Government Advocate
ORDER
1. By consent, the writ petition is taken up for final disposal and is
disposed of by this order.
2. Mr.C.Kathiravan, learned Government Advocate accepts notice on
behalf of the respondents.
3. The case of the petitioner is that the petitioner was appointed as
Steno Typist Grade-II in the Public Health Department on
09.01.1987. The grievance of the petitioner is that her name was not
included in the promotion panel for the year 2016-2017 citing the
reason that a charge memo was issued against her on 20.08.2020.
The petitioner states that she is eligible to be considered in the said
promotion panel on par with her juniors without any reference to the
charge memo issued.
4. The learned counsel for the petitioner would submit that though the
WP.No.13049/2021
petitioner has prayed for a larger relief, the petitioner would be
satisfied if a direction is issued to the 2nd respondent to consider the
objection / representation of the petitioner dated 12.10.2020 within a
time frame.
5. Having regard to the limited scope of the prayer that is now sought
for by the petitioner before this Court, without expressing any
opinion on the merits of the petitioner's objection/representation
dated 12.10.2020, this Court directs the 2nd respondent to consider
the petitioner's objection / representation dated 12.10.2020 and
dispose of it on merits and in accordance with law within a period of
twelve weeks from the date of receipt of a copy of this order and
communicate the decision taken, to the petitioner herein.
6. The writ petition stands disposed of accordingly. No costs.
23.06.2021 AP Internet : Yes
To
WP.No.13049/2021
1.The Principal Secretary to Government State of Tamil Nadu Health & Family Welfare Department Fort St George, Chennai 600 009.
2.The Director of Medical and Rural Services DMS Campus, Chennai 600 006.
WP.No.13049/2021
S.S.SUNDAR, J.,
AP
WP.No.13049/2021
23.06.2021
https://www.mhc.tn.gov.in/judis/ 5
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