Disposed

Dr.Deepthi Chandran v. State of Kerala and Others

Kerala HC4 Nov 2011WP(C)/14179/2011

Case brief

AI extract

What is this about?

Petitioner, a Community Health Centre surgeon, sought writ of mandamus for placement as Junior Consultant at Alappuzha and regular posting at Chengannur Hospital. Court found grievance substantially redressed by subsequent order and directed respondents to consider seniority issue after hearing within two months.

What did the court decide?

Directed the Director of Health Services to consider the petitioner's claim for notional seniority after hearing parties within two months.

Dr.Deepthi Chandran Vs State of Kerala and… — Pension and Retirement Benefits | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON

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FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933

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WP(C).No. 14179 of 2011(V)

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PETITIONER:

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-------------------

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DR.DEEPTHI CHANDRAN, ASSISTANT SURGEON, COMMUNITY HEALTH CENTRE, EDATHUA.

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BY ADV. SRI.S.KRISHNAMOORTHY.

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RESPONDENTS:

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------------------------

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. DIRECTOR OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM-695 001.

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3. DR.LEKSHMI S.R., JUNIOR CONSULTANT, TALUK HEAD QUARTERS HOSPITAL, CHENGANNUR-689 121.

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R1 & R2 BY GOVT. PLEADER SRI. A.J. JOSE, R3 BY SRI.K.R.B.KAIMAL, SENIOR ADVOCATE, ADV. SRI.B.UNNIKRISHNA KAIMAL.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).NO.14179/2011-V:

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P.1: COPY OF THE ORDER DTD. 26/02/2011 AND THE RELEVANT PAGE OF THE SENIORITY LIST.

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EXT.P.2: COPY OF THE LETTER DTD. 09/05/2011 ISSUED BY SUPDT., TALUK HEAD QUARTERS HOSPITAL, HARIPAD.

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EXT.P.3: COPY OF THE REPRESENTATION DTD. 14/03/2011.

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EXT.P.4: COPY OF THE REPRESENTATION DTD. 25/04/2011.

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EXT.P.5: COPY OF THE REPRESENTATION DTD. 10/05/2011.

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EXT.P.6: COPY OF THE ORDER NO.EA1-44189/2011/DHS DTD. 11/10/2011.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

Prv.

P.R. RAMACHANDRA MENON, J.

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W.P.(C).NO.14179 OF 2011

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Dated this the 4^th day of November, 2011.

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JUDGMENT

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The petitioner has approached this Court with the following prayers:

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i. to issue a writ of mandamus or other appropriate writ, order or direction directing the first and second respondents to grant the petitioner the placement/posting as Junior Consultant at Alappuzha district with effect from 26..2.2011, from the date of issuance of the order in Ext.P1.

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ii. to issue a writ of mandamus or other appropriate writ, order or direction directing the first and second respondents to grant a regular placement/posting for the petitioner as a Junior Consultant in Ophthalmology at Taluk Headquarters Hospital, Chengannur, replacing the 3^rd respondent.

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During the pendency of the writ petition, the second respondent has passed order No.EA1-44189/2011/DHS dated 11.10.2011, a copy of which has been produced as Ext.P6 along with I.A.No.16843/2011 preferred by the petitioner.

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Learned counsel for the petitioner submits that by virtue of Ext.P6 order, the grievance of the petitioner stands redressed to a substantial extent and that the remaining

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W.P.(C).NO.14179 OF 2011

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: 2 :

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question is with regard to granting of seniority on a notional basis with effect from 26.2.2011.

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In the above circumstances, the writ petition is disposed of directing the second respondent to consider the said aspect after giving an opportunity of hearing to the petitioner as well as the third respondent. Appropriate orders shall be passed in accordance with law, as expeditiously as possible, at any rate, within two months

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from the date of receipt of a copy of this judgment.

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P.R. RAMACHANDRA MENON, JUDGE.

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Dr.Deepthi Chandran v. State of Kerala and Others

Case brief

What is this about?

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Dr.Deepthi Chandran v. State of Kerala and Others

Case brief

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