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C.Jose v. Thew Director of Medical and Rural Health Services

Madras HC29 Jan 2025WP/16068/2024

Case brief

AI extract

What is this about?

Madras High Court; W.P.No.16068 of 2024; writ of mandamus; Article 226 Constitution of India; staff nurse transfer; diversion order; Kanyakumari District; humanitarian compassionate grounds; seniority; representation dated 07.03.2024; letter Ref.No.39655/N2/2/2024 dated 19.12.2024; Government District Headquarters Hospital Padmanabhapuram; Nursing Superintendent Grade III promotion counseling; direction to pass diversion order within four weeks; writ petition disposed; no order as to costs; miscellaneous petitions closed; Justice V. Bhavani Subbaroyan.

What did the court decide?

Respondents directed to pass appropriate order to the petitioner for diversion within four weeks from the date of receipt of a copy of the Order; no order as to costs; connected miscellaneous petitions (W.M.P.Nos.17578 and 17579 of 2024) closed. ¶36

C.Jose Vs Thew Director of Medical and Rural Health… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed to consider the petitioner's request for transfer to any existing or future vacancy in the post of Staff Nurse in any hospital in Kanyakumari District on the basis of his seniority and the date when he first made the request, and pass orders.

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Court's answer

Although the first respondent had passed an order on 19.12.2024 stating that the petitioner would be diverted to Government District Headquarters Hospital, Padmanabhapuram, Kanyakumari District, no transfer order had been issued to the petitioner; hence the Court directed the respondents to pass appropriate order to the petitioner for diversion.

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Ratio / Principle

The respondents were directed to pass the appropriate order to the petitioner for diversion within a period of four weeks from the date of receipt of a copy of the Order.

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Detailed headnote1 paragraphs

W.P.No.16068 of 2024 & W.M.P.Nos.17578, 17579 of 2024 | Madras High Court | V. Bhavani Subbaroyan, J. | 29.01.2025 | Service law — transfer/diversion. A Staff Nurse of the Government Medical College Hospital, Omandurar Estate, Chennai, whose 07.03.2024 representation for transfer to any Government hospital in Kanyakumari District on humanitarian/compassionate grounds went unactioned, sought a writ of mandamus (Article 226, Constitution of India) for consideration of his request on the basis of seniority and the date of first request. The respondents' letter Ref.No.39655/N2/2/2024 dated 19.12.2024 recorded that he would be diverted to the Government District Headquarters Hospital, Padmanabhapuram, Kanyakumari District (no present vacancy; future vacancies to arise after promotion counseling for Nursing Superintendent Grade III), yet no transfer order was issued. Held: respondents directed to pass the appropriate order for diversion within four weeks of receipt of a copy of the Order; writ petition disposed of; no costs; connected miscellaneous petitions closed.

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W.P.No.16068 of 2024

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THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29.01.2025

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CORAM:

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THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

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W.P.No.16068 of 2024

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and

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W.M.P.Nos.17578 and 17579 of 2024

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C. Jose ...Petitioner

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The Director of Medical and Rural Health Services, DMS Complex, Chennai – 600 006.

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The Director of Medical Education, Periyar EVR 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

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India to issue a Writ of Mandamus directing the respondents to consider

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the request of the petitioner for transfer to any existing vacancy or future

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vacancy that may rise in the post of staff Nurse in any hospital in Kanyakumari District on the basis of his seniority and the date when he

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first made a request for such transfer and pass orders.

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For Petitioner : M/s.Ramapriya GopalaKrishnan For Respondents : Mr.M.Bindran, AGP

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

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W.P.No.16068 of 2024

ORDER

This petition is filed seeking to issue a Writ of Mandamus directing the respondents to consider the request of the petitioner for transfer to any existing vacancy or future vacancy that may rise in the post of staff Nurse in any hospital in Kanyakumari District on the basis of his seniority and the date when he first made a request for such transfer and pass orders.

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The facts of the case is that the petitioner is working as Staff Nurse in the Government Medical College Hospital, Omandurar Estate, Chennai and he made a request to transfer him to any Government Hospital in Kanyakumari District on humanitarian or compassionate grounds in the light of the health condition of his family members. The representation was given to the respondents on 07.03.2024. However, there was no progress in the said representation, hence this petition.

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The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the representation of the petitioner and pass orders.

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2/5 https://www.mhc.tn.gov.in/judis

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W.P.No.16068 of 2024

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4.The learned Additional Government Pleader appearing for the respondents produced a letter in Ref.No.39655/N2/2/2024 dated 19.12.2024 wherein it was stated that the petitioner shall be diverted to Government District Headquarters Hospital, Padmanabhapuram, Kanyakumari District since there is no vacancy at present in the Kanyakumari District to consider him for transfer. It was further stated that the petitioner will be considered for transfer to any of the arising vacancies in KanyaKumari District after the promotion counseling for the post of Nursing Superintendent Grade III which is to be conducted shortly.

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Heard both sides and perused the materials available on records.

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In view of the above, it is made clear that the first respondent has passed an order on 19.12.2024 stating that the petitioner will be diverted to Government District Headquarters Hospital, Padmanabhapuram, Kanyakumari District. However, transfer order was not issued to the petitioner. Hence this Court directs the respondents to 3/5

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

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W.P.No.16068 of 2024

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pass appropriate order to the petitioner for diversion within a period of

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four weeks from the date of receipt of a copy of this Order.

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7 . With the above directions this writ petition stands disposed of.

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No order as to costs. Consequently, the connected miscellaneous petitions are closed.