Allowed

S.Arumugaselvi v. The Director of Medical

Madras HC9 Mar 2018WP/5280/2018

Case brief

AI extract

What is this about?

In this petition under Article 226, the High Court directed the first respondent to consider the petitioners representation for transfer of a staff nurse. The nurse, working in Thiruvarur but with children studying in Tirunelveli for six years, requested transfer to three hospitals in that district to avoid shuffling. The Court directed consideration on humanitarian grounds.

What did the court decide?

Directed the first respondent to consider the petitioners representation for transfer on humanitarian grounds and pass appropriate orders as vacancies arise.

S.Arumugaselvi Vs The Director of Medical — Service and Employment | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.03.2018

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CORAM

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THE HONOURABLE MR.JUSTICE T.RAJA

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W.P.No.5280 of 2018

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S.Arumugaselvi .. Petitioner
-vs-

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The Director of Medical Education
Kilpauk
Chennai 600 010
2. The Director of Medical and Rural Health Services
Teynampet
Chennai 600 006
3. The Dean
Thiruvarur Medical College & Hospital
Thiruvarur
Thiruvarur District 610 004 .. Respondents

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Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, to direct the first and second respondents to consider the representation dated 10.02.2018 of the petitioner.

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For Petitioner : Mr.S.T.Varadarajulu

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For Respondents: Mrs.P.Rajalakshmi

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Additional Government Pleader

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This writ petition has been filed seeking a mandamus to the respondents 1 & 2 to consider the petitioner's representation dated 10.2.2018 seeking transfer to any one of the three hospitals, namely, (i) Tirunelveli Government Medical College & Hospital; (ii) Tirunelveli Government Siddha Medical College & Hospital or (iii) Melappalayam Government Hospital in the existing or future vacancy.

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Learned counsel for the petitioner submitted that after acquiring the Diploma in General Nursing and Midwifery course, the petitioner was appointed as a Staff Nurse on 31.8.2007 on

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https://hcservices.ecourts.gov.in/hcservices/

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consolidated wages at the Government Hospital, Udumalpet. After her services were confirmed, she was appointed in the Thiruvarur Government Medical College & Hospital, the third respondent herein by an order dated 15.12.2011 and she also joined duty at the said hospital on 16.12.2011 and has been continously working till date. But her grievance shows that her two children aged about 4 years and 2 years are studying in Tirunelveli for the past six years staying with her husband, who is also doing his own business and staying with his parents. It is stated that for the last six years, the petitioner has been shunting from Tiruvarur to Tirunelveli. Therefore, she has given a representation mentioning the difficulties and the inconvenience faced by her in all these six years, on 10.2.2018 requesting to consider her transfer to any one of the three hospitals, namely, (i) Tirunelveli Government Medical College & Hospital; (ii) Tirunelveli Government Siddha Medical College & Hospital or (iii) Melappalayam Government Hospital in the existing or at least in the arising future vacancy. The said representation has not been considered. Therefore, a direction is sought for.

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The learned Additional Government Pleader for the respondents submitted that as and when vacancy arises in any one of the aforementioned three hospitals, the case of the petitioner would be considered by the first respondent.

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Accordingly, this Court hereby directs the first respondent to consider the representation of the petitioner for transfer on humanitarian grounds and pass appropriate orders as and when any vacancy arises in the aforementioned hospitals, since she has been shunting from Tiruvarur to Tirunelveli for the last six years. With this observation, the writ petition stands disposed of. No costs.

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ss To

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The Director of Medical Education Kilpauk Chennai 600 010

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https://hcservices.ecourts.gov.in/hcservices/

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The Director of Medical and Rural Health Services Teynampet Chennai 600 006

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The Dean Thiruvarur Medical College & Hospital Thiruvarur Thiruvarur District 610 004

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+1cc to Mr.S.T.Varadarajulu, Advocate, S.R.No.18238 +1cc to the Government Pleader, S.R.No.18810

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W.P.No.5280 of 2018
ev(CO)
GSP(26/03/2018)

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https://hcservices.ecourts.gov.in/hcservices/

S.Arumugaselvi v. The Director of Medical

Case brief

What is this about?

What did the court decide?

S.Arumugaselvi v. The Director of Medical

Case brief

What is this about?

What did the court decide?

What the court decided

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