Two writ petitions seeking a writ of mandamus for counseling in transfer to fill Lab Technician Grade III vacancies. The Court dismissed the petitions as infructuous since the respondents confirmed the petitioners had already been transferred and regularized.
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W.P(MD)Nos.5198 & 5201 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2021 CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P(MD)No.5198 & 5201 of 2020 and W.M.P(MD)Nos.4546 & 4550 of 2020
R.Padma ... Petitioner in W.P(MD)No.5198 of 2020 M.Bhanu ...Petitioner in W.P(MD)No.5201 of 2020
Vs.
1.The Director of Public Health and Preventive Medicine, DMS Campus, Teynampet, Chennai – 600 006.
2.The Member Secretary, Medical Recruitment Board, DMS Campus, Teynampet, Chennai – 600 006. ... Respondents in both Wps.
Prayer in both WPs : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to conduct counseling for transfer to fill up the vacancies for the post of Lab Technician Grade III on time scale of pay on completion of a minimum period of 2 years service (excluding leave period) on consolidated pay of Rs.8,000/- per month subject to availability of regular vacancies, strictly based on MRB seniority and eligibility for absorption into regular time scale of pay.
For Petitioners( in both WPs) : Mr.S.Bharathy Kannan For Respondents( in both WPs) : Mr.S.Shanmugavel, Standing Counsel for R1. Mr.T.S.Mohamed Mohideen, Standing Counsel for R2.
COMMON ORDER
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents 1 and 2 herein to conduct counseling for transfer to fill up the vacancies for the post of Lab Technician Grade III on time scale of pay on completion of a minimum period of 2 years service (excluding leave period) on https://hcservices.ecourts.gov.in/hcservices/ consolidated pay of Rs.8,000/- per month subject to availability of
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W.P(MD)Nos.5198 & 5201 of 2020
regular vacancies, strictly based on MRB seniority and eligibility for absorption into regular time scale of pay.
2.Today, when the matters are taken up for hearing, the learned counsel for the respondents filed a status report before this Court and submitted that the transfer counselling was conducted and the petitioners were transferred to Gandamanur Primary Health Centre, Theni and Primary Health Centre, Kamayagoundanpathi, Theni Health Unit District respectively and their services were also regularized by the concerned Deputy Director of Health Service and brought into regular time scale of pay.
3.In view of the aforesaid statement made by the learned counsel appearing for the respondents and also the status report filed before this Court, no further adjudication is required in these writ petitions. Accordingly, the Writ Petitions are dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed.
dn
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Director of Public Health and Preventive Medicine, DMS Campus, Teynampet, Chennai – 600 006.
2.The Member Secretary, Medical Recruitment Board, DMS Campus, Teynampet,Chennai – 600 006.
+1 CC to M/s.T.S.MOHAMED MOHIDHEEN, Advocate ( SR-31577[F] dated 07/10/2021 )
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R. Padma
M. Bhanu
The Director of Public Health and Preventive Medicine
The Member Secretary, Medical Recruitment Board
D. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
