Madras High Court
Dr.M.Hari Prasath vs The Government Of Tamil Nadu on 17 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.30361 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.30361 of 2024
Dr.M.Hari Prasath
S/o.Manivannan ... Petitioner
Vs.
1.The Government of Tamil Nadu
represented by its Secretary,
Department of Health,
Fort St.George, Chennai - 600 009.
2.The Director of Public Health Preventive Medicine,
Chokkalingam Nagar,
Teynampet, Chennai - 600 006.
3.The Deputy Director of Health Service,
Thiru Vi.Ka.Street,
Villupuram District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Mandamus directing the second
respondent to regularize the services of the petitioner in the post of
Assistant Surgeon with effect from 30.03.2020 by virtue of the judgment
made in W.P.No.12445 of 2023, dated 22.06.2023 and consequently, fix
the seniority of the petitioner in the post of Assistant Surgeon in Tamil
Nadu Medical Services.
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Writ Petition No.30361 of 2024
For Petitioner : Ms.T.Dharani
For Respondents : Mr.M.Bindran
Additional Government Pleader
*****
ORDER
This writ petition has been filed seeking issuance of a writ of
mandamus directing the second respondent to regularize the services of
the petitioner in the post of Assistant Surgeon with effect from
30.03.2020 along with all service and monetary benefits.
2. Heard Ms.T.Dharani, learned counsel appearing for
petitioner and Mr.M.Bindran, learned Additional Government Pleader
appearing for respondents.
3. The petitioner had earlier approached this Court and filed
W.P.No.12445 of 2023 for a direction to the respondents to treat the date
of joining of the petitioner in the post of Assistant Surgeon as 30.03.2020
and to compute three years of service from that date in order to get 30%
incentive marks for the three completed years from 30.03.2020 to
31.03.2023 so as to enable the petitioner to get admission in the post-
graduate courses for the academic year 2023-24 under the service
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Writ Petition No.30361 of 2024
category. This writ petition was contested by the respondents and
ultimately, by an order dated 22.06.2023, the writ petition was allowed
and the respondents were directed to award incentive marks for the
petitioner as per the relevant Government orders and the guidelines
issued by the selection committee.
4. Pursuant to the above order, the incentive marks were
awarded to the petitioner. The grievance of the petitioner is that he
should have been regularized with effect from 30.03.2020 as per the
order passed in W.P.No.12445 of 2023 pursuant to the representations
made by him from the year 2020 onwards. However, the same was not
acted upon and it is under these circumstances, the present writ petition
came to be filed before this Court.
5. Taking into consideration the facts and circumstances of the
case and the nature of grievance expressed by the petitioner and also the
earlier order passed by this Court in W.P.No.12445 of 2023, dated
22.06.2023, there shall be a direction to the petitioner to submit a fresh
representation to the second respondent along with all the relevant
documents and also a copy of this order. The second respondent shall
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Writ Petition No.30361 of 2024
N.ANAND VENKATESH, J
gm
deal with the same on its own merits and in accordance with law and
after taking into account the earlier order passed by this Court in
W.P.No.12445 of 2023, dated 22.06.2023 and final orders shall be
passed within a period of six (6) weeks from the date of receipt of fresh
representation from the petitioner.
This Writ Petition is disposed of with the above direction. No
costs.
17.10.2024
Neutral Citation: Yes/No
Index: yes/no
Speaking Order/Non-Speaking Order
gm
To
1.The Secretary,
Department of Health,
Fort St.George, Chennai - 600 009.
2.The Director of Public Health Preventive Medicine,
Chokkalingam Nagar,
Teynampet, Chennai - 600 006.
3.The Deputy Director of Health Service,
Thiru Vi.Ka.Street, Villupuram District.
Writ Petition No.30361 of 2024
https://www.mhc.tn.gov.in/judis
