Madras High Court
Dr.A.Femila vs The Director Of Public Health And on 5 April, 2022
W.A(MD)No.312 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE PARESH UPADHYAY
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A(MD)No. 312 of 2022
and C.M.P.(MD) No. 3058 of 2022
Dr.A.Femila .. Appellant
Vs
1.The Director of Public Health and
Preventive Medicine,
Chennai – 600 009.
2.The Deputy Director of Health Services,
Nagercoil – 629 001,
Kanyakumari District.
3.Dr.Bosco Raja, M.B.B.S., D.Ph.,
The Deputy Director of Health Services,
Nagercoil – 629 001,
Kanyakumari District. .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent
against the order dated 01.03.2022 made in W.P.(MD) No.
18203 of 2022.
For Appellant : Ms.L.Victoria Gowri
For Respondents : Mr.J.Ashok,
Additional Government
Pleader
for R1 & R2
https://www.mhc.tn.gov.in/judis
1/5
W.A(MD)No.312 of 2022
JUDGMENT
[Delivered by PARESH UPADHYAY, J.]
Challenge in this petition is made to the order dated
01 March 2022 recorded on W.P(MD) No.18203 of 2020. This
appeal is by the writ petitioner.
2. Ms.L.Victoria Gowri, learned advocate for
appellant / writ petitioner has submitted that, the order
impugned in the writ petition was a punitive transfer and the
petitioner was not heard before passing such an order and
therefore learned Single Judge ought to have allowed the
petition, more particularly keeping in view the fact that,
according to her the said transfer order was already stayed
initially. It is submitted that this appeal be entertained.
3. On the other hand, Mr.J.Ashok, learned Additional
Government Pleader has submitted that the petitioner is a
Doctor. She was transferred by the order dated 20 October
2020, (Covid period), to meet with the exigencies faced by the
https://www.mhc.tn.gov.in/judis
W.A(MD)No.312 of 2022
nation on the whole and therefore no interference should have
been made in the writ petition and learned Single Judge has
rightly dismissed the writ petition and therefore this appeal be
dismissed.
4. Having heard learned advocates for the respective
parties and having considered the material on record, this
Court finds that the petitioner is a Doctor. The State of Tamil
Nadu, Health Department is the appointing authority for her.
By the impugned order, the petitioner was transferred from one
place to another place and that order was passed by the
Director of Public Health and Preventive Medicine of Tamil Nadu
State. The stand of the respondents is that, the said order was
on administrative ground. The transfer order also refers to the
same. We find that, in these facts no relief could have been
granted under Article 226 of the Constitution of India. Learned
Single Judge has refused to exercise his discretion. Refusal to
exercise the said discretion, in these facts, according to us, can
not be said to be any error much less any error apparent on
the face of record, which may call for any interference in an
https://www.mhc.tn.gov.in/judis
W.A(MD)No.312 of 2022
intra-court appeal under Clause 15 of Letters Patent. For these
reasons, this appeal needs to be dismissed.
5. For the above reason, this appeal is dismissed. No
costs. Consequently, connected miscellaneous petition would
not survive.
(P.U., J) (R.V., J)
05.04.2022
Index : No
pkn/3
To:-
1.The Director of Public Health and
Preventive Medicine,
Chennai – 600 009.
2.The Deputy Director of Health Services,
Nagercoil – 629 001,
Kanyakumari District.
3.Dr.Bosco Raja, M.B.B.S., D.Ph.,
The Deputy Director of Health Services,
Nagercoil – 629 001,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.312 of 2022
PARESH UPADHYAY, J.
and
R.VIJAYAKUMAR, J.
pkn
W.A(MD)No.312 of 2022
05.04.2022
https://www.mhc.tn.gov.in/judis
