1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.13795 of 2011 and M.P.(MD) Nos.1 and 2 of 2011 A.Subramaniyan, Secretary, Nursing Assistant Association, Government Rajaji Hospital, Madurai. : Petitioner Vs. 1.The State of Tamilnadu Represented by the Secretary, Department of Health and Family Welfare, Fort St. George, Chennai - 600 009. 2.The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai - 10. 3.The Medical Superintendent, Madurai Government Rajaji Hospital, Madurai. 4.The Dean, Madurai Government Rajaji Hospital, Madurai. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the entire records in connection with the impugned order passed by the second respondent in X/K/vz;.49514/ep-4(2)/2011, dated 08.11.2011 quash the same as illegal. For Petitioner : M/s.A.Mahendravarman For Respondents : Mr.B.Pugalenthi, Special Government Pleader ORDER The petitioner, A.Subramaniyan, who is a Secretary of Nursing Assistant Association, Government Rajaji Hospital, Madurai, aggrieved by the impugned order passed by the second respondent, Director of Medical Education, Kilpauk, Chennai, in X.K.vz;.49514/ep-4(2)/2011, dated 08.11.2011, has filed the present writ petition to quash the same and pass further orders. 2. Heard Mr.A.Mahendravarman, learned Counsel appearing for the petitioner and Mr.B.Pugalenthi, learned Special Government Pleader appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The learned Counsel appearing for the petitioner would submit that the petitioner is working as Male Nursing Assistant in the third respondent hospital and he has been selected as Secretary of the Nursing Assistant Association of Madurai District. When he has been working as a Male Nursing Assistant in the third respondent hospital, several workers employed in different departments are connected to their own independent association in respect of their welfare measures. Like the petitioner, one of the staff working in the third respondent hospital studied only upto 8th standard and appointed through Employment Exchange, in the cadre of watchman, but in the course of service, he has got promotion as Sergeant. When the matter stands as above, the learned Counsel appearing for the petitioner further submits that in every department in the Hospital, the other staff members used to appoint their Supervisor who is considered as a senior most person from the post of Lab Technician, Theatre Assistant, Junior Assistant and Radiographer. The said Supervisor used to allot the work to carry out the day to day works required to be done in the hospital and the said Supervisor also used to maintain the Duty Register including the attendance of the staff members. While so, all of a sudden, the third and fourth respondents have decided to change the said procedure by handing over the duty from Supervisor to Sergeant who has to maintain the Duty Register by keeping the attendance of the staff members. Therefore, the grievance of the petitioner is that when all along the Supervisor who is having full knowledge of the nature of work of the staff has been discharging his duty by maintaining the Duty Register, if the said duty is shifted and given to the Sergeant, it would be difficult for the said new incumbent viz., Sergeant to handle the new assignment which will cause prejudice to other staff members. On that basis, they have filed the present writ petition challenging the said impugned communication dated 08.11.2011. 4. The learned Special Government Pleader appearing for the respondents would submit that when there are Male Nursing Assistant and Female Nursing Assistant working in every department of the third respondent hospital, the Director of Medical Education, Chennai, the second respondent herein, finding that the old practice of maintaining the Duty Register including marking of attendance of their staff by the Supervisor was not working satisfactorily, decided to hand over the said assignment to the Sergeant, as it is a mere administrative decision entrusting the work of maintaining the Duty Register to the Sergeant, I do not find the present communication to maintain the Duty Register by the Sergeant would cause any prejudice to the petitioner. Further, when the second respondent/the Director of Medical Education has taken a decision to tune up administration of the hospital, the same cannot be interfered by this Court. 5. In view of the above said circumstances, this Court does not find any merits in the writ petition. Accordingly, the same is dismissed. No Costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (RTI) / True Copy / Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Secretary, Department of Health and Family Welfare, Fort St. George, Chennai - 600 009. 2.The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai - 10. 3.The Medical Superintendent, Madurai Government Rajaji Hospital, Madurai. 4.The Dean, Madurai Government Rajaji Hospital, Madurai. +1CC TO MR.A.MAHENDRA VARMAN, ADVOCATE SR : 42590 Srm SR : 26.12.2011 : 3p/6c : IT Order made in W.P.(MD).No. 13795 of 2011 Dated:- 02.12.2011 https://hcservices.ecourts.gov.in/hcservices/