Madras High Court
Government Diploma Medical Lab ... vs The Principal Secretary To Government on 4 June, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.70 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A.(MD)No.70 of 2023
and
C.M.P.(MD)No.851 of 2023
Government Diploma Medical Lab Technician Association,
Rep. by its State General Secretary,
P.U.Shajahan,
D.No.19, Vinayagamoorthy Street,
Sathamangalam, Madurai - 7. ... Appellant
Vs.
1.The Principal Secretary to Government,
State of Tamil Nadu,
Health and Family Welfare Department,
Fort St.George, Chennai – 600 009.
2.The Director of Medical Education (DME),
State of Tamil Nadu,
Kilpauk, Chennai – 600 010.
3.The Director of Medical Services (DMS),
DMS Campus, Teynampet,
Chennai – 600 006.
4.The Director of Medical and Rural Health Services,
DMS Campus,
1/6
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W.A.(MD)No.70 of 2023
Teynampet,
Chennai – 600 006.
5.The Director of Public Health and Preventive Medicine,
DMS Campus,
Teynampet,
Chennai – 600 006.
6.G.Subramaniyan
7.T.Vanaja
8.A.Shanmugasundari
9.M.Ramachandran
10.M.Parasuraman ... Respondents
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the
writ appeal by setting aside the order passed in W.P.(MD)No.3198 of 2020
dated 12-12-2022 on the file of this Court.
For Appellant : Mr.S.Bharathy Kannan
For Respondents : Mr.N.Satheeshkumar,
Addl. Government Pleader for R1 to R5.
2/6
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W.A.(MD)No.70 of 2023
JUDGMENT
This writ appeal is directed against the order dated 12.12.2022
dismissing W.P.(MD)No.3198 of 2020 filed by the appellant association.
2.The case on hand pertains to filling up the vacancies in the post
of Laboratory Technician Grade II in Health and Family Welfare
Department. The grievance of the appellant association is that when their
members are waiting the queue hoping to the appointed by way of direct
recruitment, the government cannot frustrate their hopes by resorting to
fill up the vacancies by way of transfer from the post of Laboratory
Assistant (Malaria) in Tamil Nadu Public Health Subordinate Service.
3.The rules provide for filling up vacancy either by direct
recruitment or recruitment by transfer from the post of Laboratory
Assistant (Malaria). Thus, the government has a choice. It can either
resort to direct recruitment or it can resort to recruitment by transfer. The
rules have been framed under Article 309 of the Constitution of India.
The validity of the rules are not under challenge. When the government
has a choice, it is not open to the Writ Court to compel the government to
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adopt a particular the course of action. It is in this view of the matter, the
learned Single Judge chose to dismiss the writ petition. Interference with
the said order is not warranted and the writ appeal is dismissed. No
costs. Consequently, connected miscellaneous petition is closed.
(G.R.S. J.,) & (K.R.S. J.,)
04.06.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
To:
1.The Principal Secretary to Government,
State of Tamil Nadu,
Health and Family Welfare Department,
Fort St.George, Chennai – 600 009.
2.The Director of Medical Education (DME),
State of Tamil Nadu,
Kilpauk, Chennai – 600 010.
3.The Director of Medical Services (DMS),
DMS Campus, Teynampet,
Chennai – 600 006.
4.The Director of Medical and Rural Health Services,
DMS Campus, Teynampet, Chennai – 600 006.
5.The Director of Public Health and Preventive Medicine,
DMS Campus, Teynampet, Chennai – 600 006.
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 08:57:42 pm )
G.R.SWAMINATHAN, J.
and
K.RAJASEKAR, J.
ias
04.06.2025
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