Bench allowed a third party request for leave to file an appeal by directing the State Government to examine the promotion appeal and afford the petitioner an opportunity to submit a representation before passing a final order.
Leave to appeal granted; State Government given 15 days to receive petitioner's representation before deciding the promotion appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Third day of June Two Thousand Sixteen
PRESENT
The Honble Mr.Justice NOOTY. RAMAMOHANA RAO and The Honble Mr.Justice S.S.SUNDAR
CMP(MD) No.5514 of 2016 IN WA(MD) No.SR21353 of 2016
S.M.ABDUL KADER, ... 3rd PARTY/PETITIONER/APPELLANT
Vs 1 P.GANESAN, ... RESPONDENT/RESPONDENT/PETITIONER
2 THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, CHENNAI-600 009.
3 THE DIRECTOR OF FAMILY WELFARE DMS COMPLEX, THENAMPET, CHENNAI-600 006.
4 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, DMS COMPLEX, THENAMPET, CHENNAI-600 006.
5 THE DEAN, GOVERNMENT MEDICAL COLLEGE, THOOTHUKUDI 628 008, THOOTHUKUDI DISTRICT. ... RESPONDENTS/RESPONDENT/RESPONDENT
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the 3rd Party / Petitioner / Appellant to Leave to file appeal challenging the order dated 13.04.2016 and made in W.P.(MD) No.7179 of 2016 and hear the appellant on merits and thus render justice.
Prayer in WP(MD). 7179/ 2016 :
Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, to direct the 1st respondent i.e. the Principal secretary to Government, Health and Family Welfare Department, Chennai to pass appropriate orders on the petitioners appeal dated 18.07.2015 within a stipulated time.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. M.MD.IBRAHIM ALI, Advocate for the petitioner the court made the following order:-
This Miscellaneous Petition has been moved by a third party seeking leave to prefer an appeal against the order passed by this Court in W.P(MD)No.7179 of 2016, which was instituted by the first respondent herein.
sd/-
03/06/2016
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) https://hcservices.ecourts.gov.in/hcservices/ Madurai Bench of Madras High Court, Madurai - 625 023.
+1cc to Mr.M.MD.Ibrahim Ali, Advocate SR.No.27636 sm:SKS-RR:SAR III:10.06.2016:3P/7C ORDER IN CMP(MD) No.5514 of 2016 IN WA(MD) No.SR21353 of 2016 Date :03/06/2016
2 issues framed by the court
Whether leave to file an appeal by a third party should be granted even if the contested order did not decide their substantive rights.
Whether the High Court ordered the State Government to account for a petitioner's representation before passing a final order on their promotion appeal.
1 provisions across 1 enactments
S.M.ABDUL KADER
P.GANESAN
THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT
THE DIRECTOR OF FAMILY WELFARE
THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE
THE DEAN, GOVERNMENT MEDICAL COLLEGE
NOOTY RAMAMOHANA RAO
S.S.SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
