The High Court disposed of an intra-court appeal where the appellant joined service at the transferred post. The court granted liberty to submit a representation regarding future transfer difficulties.
Liberty granted to submit a representation to the Director of Health Services, Chennai, to be considered within one month.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2019
CORAM :
THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
Writ Appeal No.1337 of 2019 And CMP No.9171 of 2019 Dr.E.Rajakumar ...Appellant/Petitioner Vs 1. The Director of Public Health and Preventive Medicine Teynampet Chennai -600 006 2. The Deputy Director of Health Services Salem -1. ...Respondents/Respondents
PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent, against the Order dated 14.02.2019 passed in W.P.No.4192 of 2019
Prayer in W.P.No.4192 of 2019: - Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus to Call for the records connected with the proceedings issued in R.No.75634/E5/A1/2018 dated 12.01.2019 passed by the 1st respondent and proceedings issued in R.No.4181/E1/2018 dated 28.01.2019 (served on 04.02.2019) passed by the 2nd respondent and quash the same and consequently direct the respondents to allow the petitioner to continue in Sarakkapillayur Primary Health Centre.
For Appellant : Mr.G. Sankaran
For Respondents: Mrs.A.Srijayanthi (Special Government Pleader)
J U D G M E N T
(Judgment of the Court was made by K.K.SASIDHARAN,J.)
The appellant, Assistant Surgeon by profession was transferred from Primary Health Centre, Sarakkapillayur, Salem Health Unit to Primary Health Centre, Chinna Mottur, Tirupathur Health Unit. The order transferring him was un-successfully challenged before the writ Court. The learned single Judge dismissed the Writ Petition with an observation that transfer is an incident of service. Feeling aggrieved by the said Order, the appellant has come up with this intra Court appeal.
vrn/pri
Sd/Assistant Registrar(AD IV)
//True Copy//
Sub Assistant Registrar
To
1. The Director of Public Health
and Preventive Medicine
Teynampet
Chennai -600 006
2. The Deputy Director of Health Services
Salem -1.
+1cc to Mr.G.Sankaran, Advocate, SR.No.38002
+1cc to the Government Pleader, SR.No.38248
Writ Appeal No.1337 of 2019
And
CMP No.9171 of 2019
Kak(29/05/2019)
Dr.E.Rajakumar
Director of Public Health and Preventive Medicine, Teynampet Chennai
Deputy Director of Health Services, Salem
K.K.SASIDHARAN
P.D.AUDIKESAVALU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
