Madras High Court
Dr.K.Hemalatha vs Dr.S.P.Subahan on 19 October, 2024
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.10.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Rev.App.Nos.189 & 190 of 2024
in W.P.Nos.16746 & 26876 of 2024
Dr.K.Hemalatha ... Applicant
in both petitions
Vs.
1.Dr.S.P.Subahan
2.The State of Tamil Nadu,
represented by its
Additional Chief Secretary to Government,
Health and Family Welfare Department,
Secretariat, Fort St.George,
Chennai - 600 009.
3.The Director of Medical Education & Research,
Kilpauk, Chennai - 600 010.
4.Dr.K.Malathi ... Respondents
in both petitions
Prayer : Review Petitions filed under Order 47 Rule 1 r/w Section 117 of C.P.C., to
review the judgment in W.P.Nos.16746 and 26876 of 2024 dated 18.09.2024.
1/6
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For Applicant : Mr.V.Vijayashankar
For Respondents : Mr.G.Sankaran
Senior Counsel for
Mr.S.Nedunchezhiyan for R1
Mr.M.Bindran
Additional Government Pleader
for R2 to R4
ORDER
Mr.G.Sankaran, learned Senior Counsel appears for Mr.S.Nedunchezhiyan,
learned counsel takes notice on behalf of the 1st respondent.
2.Mr.M.Bindran, learned Additional Government Pleader takes notice on
behalf of respondents 2 to 4.
3.These review applications have been filed by the third party viz.,
Dr.K.Hemalatha only with respect to the observation that was made by this Court
at Paragraph No.23 of the order passed in the writ petition.
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4.In the considered view of this Court, the following observation made at
Paragraph No.23 of the order will cause confusion and such observation is not
required to decide the main dispute in the writ petition.
“This confusion must be resolved only by the second
respondent and the station seniority of third respondent must be
determined accordingly by considering her earlier transfer and
posting at Stanley Medical College, Chennai.”
5.Ultimately, this Court has held that the ball is now in the court of the
Director of Medical Education and Research and it is for that authority to resolve
the issue that was entirely created by him, as per the Rules.
6.In view of the above, the above observation shall stand deleted from the
order passed in W.P.Nos.16746 & 26876 of 2024 dated 18.09.2024. For more
specificity Paragraph No.23 of the order shall read as follows:
23. The upshot of the above discussion is that the second
respondent ought to have notified the post of Assistant Professor
(Pharmacology) at Government Medical College, Pudukkottai, as vacant
during the transfer counselling that took place pursuant to the circular
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dated 14.06.2024 and consequently, there shall be a direction to the
second respondent to declare the post of Assistant Professor
(Pharmacology) at Government Medical College, Pudukkottai, as vacant
and conduct transfer counselling by permitting the petitioner and other
eligible persons to participate in the transfer counselling in order to fill up
the post of Assistant Professor (Pharmacology). The confusion that has
arisen with respect to the station seniority of third respondent, is a
situation, which was created by second respondent by passing parallel
orders on the same day to retain the third respondent at Chennai. This
Court does not want to stir up a hornet's nest by interfering with the entire
transfer counselling held during June 2024 Phase I and Phase II and wants
to keep the damage at the minimum and try to find a solution. The ball is
now in the court of the second respondent to resolve the issue entirely
created by him.
5.These review applications are disposed of in the above terms.
19.10.2024
Internet : Yes / No
Index : Yes / No
Speaking Order / Non Speaking Order
ssr
https://www.mhc.tn.gov.in/judis
To
1.The Additional Chief Secretary to Government,
State of Tamil Nadu,
Health and Family Welfare Department,
Secretariat, Fort St.George,
Chennai - 600 009.
2.The Director of Medical Education & Research,
Kilpauk, Chennai - 600 010.
https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH, J.
ssr
Rev.App.Nos.189 & 190 of 2024
in W.P.Nos.16746 & 26876 of 2024
19.10.2024
https://www.mhc.tn.gov.in/judis
