Disposed

P.Sudha v. the Secretary

Madras HC21 Nov 2023WP/25195/2023

Case brief

AI extract

What is this about?

The Court modified an earlier order disposing of a writ petition challenging a circular on medical officer promotions. It directed the second respondent to consider a transfer representation within two weeks in accordance with relevant Government Order guidelines before finally closing miscellaneous petitions.

What did the court decide?

Directed the second respondent to consider the petitioner's representation dated 20.09.2023 for transfer within two weeks; Writ Petition and connected miscellaneous petitions disposed/closed.

P.Sudha Vs the Secretary — Pension and Retirement Benefits | Madras HC (2023)

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W.P.No.25195 of 2023 and

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W.M.P.Nos.24613 & 24614 of 2023

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W.P.No.25195 of 2023

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M.S.RAMESH,J.

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Today, the matter is listed under the caption “For Being Spoken

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To”.

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On consideration of the submission made, paragraph No.3 and 'To' address of the earlier order of this Court dated 21.11.2023 passed in W.P.No.25195 of 2023, shall be deleted and stand substituted as

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follows:-

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3. In the light of the submission made, there shall be a

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direction to the second respondent to consider the representation dated 20.09.2023 in accordance with the guidelines in G.O.131(2D) dated 20.11.2007 governing such

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transfer, within a period of two weeks from the date of receipt of a copy of this order.

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The Secretary Health and Family Welfare Department Fort St.George, Secretariat, Chennai-600 009. 2. The Director Directorate of Medical Education Kilpauk, Chennai-600 010.

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https://www.mhc.tn.gov.in/judis

W.P.No.25195 of 2023

M.S.RAMESH,J.

All other findings and observations made in the earlier order

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dated 21.11.2023, shall remain intact.

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29.11.2023

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(Note: Registry is directed to carry out the above corrections and issue fresh order copy)

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W.P.No.25195 of 2023

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https://www.mhc.tn.gov.in/judis

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W.P.No.25195 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.11.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S. RAMESH

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W.P.No.25195 of 2023

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and

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W.M.P.Nos.24613 & 24614 of 2023

Dr.P.Sudha

D/o.Peethambaram

...Petitioner

The Secretary

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Health and Family Welfare Department Fort St.George Secretariat, Chennai-600 009.

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The Director Directorate of Medical Education Kilpauk Chennai-600 010. ...Respondents

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Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records and to quash the impugned circular in Ref.No.35800/E3/1/2023 dated 19.04.2023 issued by the 2nd respondent and consequently, directing the respondents to act as per G.O.131(2D) dated 20.11.2007 and to determine the qualification for any medical officer to receive promotion in a service as for station seniority and not by their departmental seniority https://www.mhc.tn.gov.in/judis

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W.P.No.25195 of 2023

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in accordance with law.

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For Petitioner : Mr.C.Kanagaraju For Respondents : Mr.M.Bindran Additional Government Pleader

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O R D E R

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The writ petition has been filed seeking to quash the impugned circular dated 19.04.2023 bearing Ref.No.35800/E3/1/2023 issued by the 2nd respondent and consequently, direct the respondents to act as per G.O.131(2D) dated 20.11.2007 and determine the qualification for any

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medical officer to receive promotion in a service as per station seniority and not by their departmental seniority in accordance with law.

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Though the petitioner herein has challenged the circular of the respondent herein dated 19.04.2023, touching upon the exercise of options of Medical Officer for transfer counselling, learned counsel for the petitioner submits that the petitioner had given a representation dated 20.09.2023 to the second respondent herein seeking for transfer in any of the vacancies that may arise in the Department of Psychiatry at Salem. The learned counsel also submitted that he would be satisfied if the respondents are directed to consider the petitioner's representation within the stipulated time.

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https://www.mhc.tn.gov.in/judis

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W.P.No.25195 of 2023

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In the light of the submission made, there shall be a direction to

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the second respondent to consider the representation dated 20.09.2023 in accordance with the guidelines governing such transfer, within a period of two weeks from the date of receipt of a copy of this order.

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4 . With the above direction, the Writ Petition stands disposed of.

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Consequently, connected miscellaneous petitions are closed. There shall

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be no order as to costs.

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21.11.2023

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Index:Yes/No Speaking order/Non-speaking order Neutral Citation : Yes/No

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https://www.mhc.tn.gov.in/judis

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W.P.No.25195 of 2023

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The Union of India Rep. by its Secretary to Government Environment, Forest and Climate Change Department Indira Paryavaran Bhawan, Jor Bagh New Delhi-110 003.

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The Union of India Rep. by its Secretary to Government Department of Pension and Pensioners Welfare Lok Nayak Bhavan Khan Market New Delhi.

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The State of Tamil Nadu Rep. by its Additional Chief Secretary to Government Environment, Climate Change and Forest Department Fort St.George Chennai-9.

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The Principal Chief Conservator of Forest & Head of Forests Velachery Main Road Guindy, Chennai-32.

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https://www.mhc.tn.gov.in/judis

W.P.No.25195 of 2023

M.S.RAMESH,J.

W.P.No.25195 of 2023

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21.11.2023

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https://www.mhc.tn.gov.in/judis

P.Sudha v. the Secretary

Case brief

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P.Sudha v. the Secretary

Case brief

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