Madras High Court
Dr.V.R.Selva Ambigai vs The Chairman on 2 September, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.No.2657 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.09.2024
CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.A.No.2657 of 2024
Dr.V.R.Selva Ambigai .. Appellant
Vs
1.The Chairman,
Mother Theresa Post Graduate &
Research Institute of Health Sciences,
Indira Nagar, Gorimedu,
Puducherry.
2.The Dean,
Mother Therasa Post Graduate &
Research Institute of Health Sciences,
Indira Nagar, Gorimedu,
Puducherry. .. Respondents
Prayer: Appeal under Clause 15 of the Letters Patent against the order
dated 8.7.2024 passed by the learned Single Judge in W.P.No.18488
of 2024.
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W.A.No.2657 of 2024
For the Appellant : Ms.D.Geetha
For the Respondents : Mr.S.Raveekumar
Govt. Pleader (Puducherry)
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
Challenging the order of the learned Single Judge dated
8.7.2024 in W.P.No.18488 of 2024 dismissing the writ petition, the
original writ petitioner has filed the present writ appeal.
2. The writ petition has been filed by the appellant for issuance
of a writ of mandamus directing the first respondent to consider the
representation of the appellant dated 17.5.2024.
3. Holding that the representation of the appellant cannot be
considered, the learned Single Judge dismissed the writ petition.
Aggrieved by the same, the appellant has filed the appeal.
4. Assailing the order of the learned Single Judge, learned
counsel for the appellant submitted that the learned Single Judge, by
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misinterpreting the facts, wrongly held that the appellant has
challenged the promotion granted in favour of the other Doctors and
the same is pending, hence, a direction to consider the representation
is unwarranted.
5. Learned counsel for the appellant further submitted that the
post in question, namely Associate Professor in Paediatrics Nursing, is
a newly created post and there is no bar on the respondent authorities
in considering the request of the appellant.
6. We have heard Mr.S.Raveekumar, learned Government
Pleader (Puducherry) appearing for the respondents.
7. The short point that arises for consideration in this appeal is,
whether a direction can be issued to the respondent authorities to
consider the representation dated 17.5.2024 of the appellant seeking
promotion to the post of Associate Professor in Paediatrics Nursing.
8. The learned Single Judge, while dismissing the writ petition,
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observed that already the appellant had challenged the promotion of
her junior to the post of Associate Professor and the same is pending
in W.A.No.3561 of 2023 and, therefore, a direction to consider her
representation need not be issued.
9. Whether or not the appellant is entitled to be considered for
promotion to the post of Associate Professor in Paediatrics Nursing is
to be decided by the respondent authorities based on the
representation submitted by the appellant. Therefore, there is no
impediment in directing the respondent authorities, more particularly,
the first respondent to consider and dispose of the representation of
the appellant dated 17.5.2024 on merits and in accordance with law.
We make it clear that we have not gone into the merits of the matter,
as the appellant had restricted his prayer only to an extent of directing
the respondent authorities to consider the representation of the
appellant to consider her case for promotion to the post of Associate
Professor in Paediatrics Nursing.
10. Considering the limited prayer made in the appeal, without
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going into the merits of the matter, we direct the first respondent to
consider the representation of the appellant dated 17.5.2024 and pass
orders on merits and in accordance with law as expeditiously as
possible.
11. With the above observation, the writ appeal stands disposed
of. There shall be no order as to costs.
(D.K.K., ACJ.) (P.B.B., J.)
02.09.2024
Index : Yes/No
NC : Yes/No
bbr
To
1.The Chairman,
Mother Theresa Post Graduate &
Research Institute of Health Sciences,
Indira Nagar, Gorimedu,
Puducherry.
2.The Dean,
Mother Therasa Post Graduate &
Research Institute of Health Sciences,
Indira Nagar, Gorimedu,
Puducherry.
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THE HON'BLE ACTING CHIEF JUSTICE
AND
P.B.BALAJI, J.
bbr
02.09.2024
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