Madras High Court
Dr. Suresh Kumar P R vs The Secretary To The Government on 26 July, 2023
W.A. No. 1306 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.07.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A. No. 1306 of 2022
and
C.M.P.Nos. 8262 and 8263 of 2022
Dr. Suresh Kumar P R ...Appellant
-vs-
1. The Secretary to the Government
of Tamil Nadu
Department of Health and Family Welfare
Chennai.
2. The Joint Director of Health Services
Department of Medical and Rural Health Services
Tirupur District, Tirupur.
3. Dr. Selvarasu
The Chief Medical Officer
Government Hospital
Udumalpet, Tirupur District.
4. R.Kavitha ...Respondents
Prayer: Writ appeal filed under Clause 15 of the Letters Patent to set
aside the order dated 03.03.2022 made in W.M.P. No. 3206 of 2022 in
W.P. No. 3052 of 2022 passed by this Court.
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.A. No. 1306 of 2022
For the Appellant : Mr. D.R.Arun Kumar
For the Respondents : Mr. Karthik Jeganath (RR1 to 3)
Ms. M.N.Sumathy (R4)
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr. D.R.Arun Kumar, learned counsel for the
appellant; Mr.Karthik Jeganath, learned counsel, for the first to third
respondents and Ms.M.N.Sumathy, learned counsel, for the fourth
respondent.
2. The appellant is challenging the interim order passed by the
learned Single Judge in a writ petition filed by him.
3. This Court under order dated 11.05.2022 granted the stay to
the proceedings impugned in the writ petition upon the appellant
undertaking to report for duty in the transferred place, i.e.,
Kangeyam Government Hospital.
https://www.mhc.tn.gov.in/judis
W.A. No. 1306 of 2022
4. It is submitted that the appellant has not joined duty at the
transferred place, even after the undertaking given before the Court.
5. According to the learned counsel for the appellant, the
appellant was not permitted to join for duty at the transferred place.
The same is denied by the learned counsel for the first to third
respondents.
6. According to the learned counsel for the first to third
respondents, the appellant did not report for duty at Kangeyam
Government Hospital.
7. If according to the appellant, he was not allowed to join for
duty at the transferred place, he could have issued a letter to the
respondents and he could have filed an application before this Court,
but the same has not been done.
8. We cannot believe that the appellant is not allowed to report
for duty. It appears that the petitioner is flouting his own
undertaking. In view of that, the protection cannot be granted. Since
https://www.mhc.tn.gov.in/judis
W.A. No. 1306 of 2022
the matter is pending before the learned Single Judge, the appellant
may prosecute his writ petition before the learned Single Judge on its
own merits.
9. In view of the aforesaid, the writ appeal stands disposed of.
No costs. Consequently, C.M.P.Nos. 8262 and 8263 of 2022 are
closed.
(S.V.G., CJ.) (P.D.A., J.)
26.07.2023
Index : Yes/No
Neutral Citation : Yes/No
Maya
To
1. The Secretary to the Government
of Tamil Nadu
Department of Health and Family Welfare
Chennai.
2. The Joint Director of Health Services
Department of Medical and Rural Health Services
Tirupur District, Tirupur.
3. Dr. Selvarasu
The Chief Medical Officer
Government Hospital
Udumalpet, Tirupur District.
https://www.mhc.tn.gov.in/judis
W.A. No. 1306 of 2022
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(Maya)
W.A. No. 1306 of 2022
26.07.2023
https://www.mhc.tn.gov.in/judis
