Dismissed

Thanka Mithra. M v. The State of Tamil Nadu

Madras HC17 Oct 2023WP(MD)/19761/2023

Case brief

AI extract

What is this about?

This writ petition challenged the calculation of station seniority for a Medical Officer transferred but relieved belatedly due to administrative delays. The petitioner sought to have her transfer date counted for seniority purposes.

What did the court decide?

Respondent directed to consider petitioner's request to count transfer order date for seniority within four weeks. No order as to costs.

Thanka Mithra. M Vs The State of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2023)

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W.P.(MD).No.19761 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 17.10.2023

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CORAM

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P.(MD).No.19761 of 2023

M.Thanka Mithra

... Petitioner

Vs.

1.The State of Tamil Nadu, Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai-600 009.

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2.The Director of Medical Education, No.162, Periyar E.V.R. High Road, Kilpauk, Chennai-600 010.

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... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to revise the seniority of the petitioner in Obstetrics and Gynecology Department by counting the period from 10.06.2022 to 29.06.2022 at Government RSRM Lying in Hospital, Royapuram, Chennai, as station seniority at Government Medical College, Thoothukudi in light of the communication of the second respondent in Ref.No.77888/E1/3/2017, dated 06.12.2017.

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

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W.P.(MD).No.19761 of 2023

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For Petitioner : Mr.G.Karthik for M/s.Lajapathi Roy Associates For Respondents : Mr.V.Om Prakash Government Advocate

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ORDER

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The writ petitioner was a Senior Resident in Obstetrics and Gynecology Department at Government RSRM Hospital, Royapuram, Chennai from 25.06.2021 onwards. A transfer order was issued to the writ petitioner on 10.06.2022, directing her to join at Government Medical College Hospital, Thoothukudi. However, due to administrative reasons, she was relieved only on 29.06.2022 from Royapuram Hospital, Chennai. Thereafter, she joined at Government Medical College Hospital, Thoothukudi on 30.06.2022.

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According to the writ petitioner, since she was belatedly relieved from Royapuram Hospital, Chennai, she had lost her station seniority at the

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transferred place, namely, Government Medical College Hospital at Thoothukudi, so that she had lost her opportunity to participate in the transfer

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

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W.P.(MD).No.19761 of 2023

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counselling of the year 2023. To the effect, the writ petitioner had sent a representation to the second respondent herein on 02.08.2023, requesting to consider the date of transfer, namely, 10.06.2022 as station seniority for Thoothukudi and consider her for participation in the transfer counselling of the year 2023. The said representation is still pending with the second respondent herein. Hence, the present writ petition.

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The learned Counsel appearing for the writ petitioner brought to the notice of the Court, the second respondent herein in similar circumstances has passed an order on 06.12.2017, wherein he has informed that the station seniority of those Medical Officers in the posted Institutions will be calculated from the date of issue of the transfer orders in all cases, where they have been relieved belatedly due to administrative reasons.

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In view of the above said facts, the second respondent herein is

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directed to consider the request of the petitioner, within a period of four (4) weeks from the date of receipt of a copy of this order.

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

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W.P.(MD).No.19761 of 2023

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With the above said observation, this writ petition stands disposed of.

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There shall be no order as to costs.

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17.10.2023

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NCC : Yes / No Index : Yes / No Internet : Yes BTR

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1.The Principal Secretary, The State of Tamil Nadu, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai-600 009.

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2.The Director of Medical Education, No.162, Periyar E.V.R. High Road, Kilpauk, Chennai-600 010.

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

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W.P.(MD).No.19761 of 2023

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R.VIJAYAKUMAR, J.

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BTR

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W.P.(MD).No.19761 of 2023

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17.10.2023

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

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Thanka Mithra. M v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Thanka Mithra. M v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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