1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD).No.523 of 2011 and M.P.No.1 of 2011 E.Ayyappan, Junior Assistant, Office of Deputy Director of Health Services, Palayamkottai, Tirunelveli. : Appellant/3rd Respondent Vs. 1.F.Jacquilin, W/o.A.Michael Raj, Thirumalapuram, Kadambur Taluk, Tirunelveli District. 2.The Director of Public Health & Preventive Medicine, DMS Complex, Teynampet, Chennai 600 006. 3.The Deputy Director of Health Services, Palayamkottai, Tiruenveli 627 002. 4.V.Navanneethakrishnan, S/o.S.Vengadasamy, West Street, Thirumalapuram, Kadambur, Kovilpatti Taluk, Tuticorin District. : Respondents/Petitioner and Respondents 1, 2 and 4 PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 29.03.2011 made in W.P.(MD).No.4515 of 2009 on the file of this Court. Prayer in WP(MD)No.4515 of 2009 :- Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the 1st respondent herein in his proceedings in ref.R.No.27045/E4/S2/09 dated 30.05.2009 and consequential order passed by the 1st respondent herein in his proceedings in ref.R.No.24802/E4/S2/2009 dated 25/05/2009 which was received by the petitioner only on 17.06.2009 and quash the same and consequently direct the respondents 1 and 2 herein to permit the petitioner herein to join as Assistant in the office of the 2nd respondent herein. For Appellant : Mr.E.Ayyappan party-in-person For Respondents 2 &3 : Mr.K.Mahendran Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 For Respondent 4 : Mr.J.Pooventherarajan JUDGMENT [Judgment of the Court was delivered BY P.JYOTHIMANI, J] This Writ Appeal is directed against the order of the learned Single Judge dated 29.03.2011 made in W.P.(MD).No.4515 of 2009, by which the Writ Petition filed by the first respondent herein, challenging the order of the second respondent herein in transferring the appellant herein from Tirunelveli, came to be allowed by the learned Single Judge with a direction that the first respondent/Writ Petitioner should be retained in Tirunelveli. Affected by such order, the third respondent/appellant has filed the present Writ Appeal. 2. The third respondent/appellant was originally working as a Junior Assistant in the office of the Deputy Director of Health Services, Palayamkottai, Tirunelveli, Tirunelveli District and he was taking treatment for infertility, which requires continuous treatment and be present in Tirunelveli. However, by virtue of the impugned order, which was challenged by the first respondent herein in the Writ Petition, his position has been altered and he was transferred and posted as Assistant in the office of the Deputy Director of Health Services, Tirunelveli and he has accepted the promotion as Assistant in Tirunelveli, since he was taking treatment continuously for infertility. 3. Since it is only a matter of transfer, we do not propose to interfere with the order of the learned Single Judge. However, we have requested the learned Special Government Pleader to find out as to whether the appellant can be accommodated in any one of the nearer places till a vacancy arises in Tirunelveli, since we are told that in Tirunelveli one Mrs.S.Muthulakshmi, who is working as Assistant in Workshop Superintendent Regional Workshop, (Health), Maharaja Nagar, Tirunelveli, Tiruenveli District, is to retire from service on 28.02.2012 and there will be a vacancy on 01.03.2012. The learned Special Government Pleader, on instructions, has submitted that as on date, there is a vacancy available in the post of Assistant in Government Primary Health Centre, Karivalamvanthanallur, Sankarankovil Health Unit, which is nearby Tirunelveli and the appellant herein will be accommodated there till a regular vacancy arises in Tirunelveli on 01.03.2012. 4. Accordingly, the Writ Appeal stands disposed of with a direction to the second respondent, as submitted by the learned Special Government Pleader, to accommodate the appellant for the present as an Assistant in Government Primary Health Centre, Karivalamvanthanallur, Sankarankovil Health Unit, Tirunelveli District. It is made clear that after the retirement of the said S.Muthulakshmi, who is now working as Assistant in Workshop Superintendent Regional Workshop, (Health), Maharaja Nagar, Tirunelveli, Tiruenveli District, on 28.02.2012, the appellant herein shall be considered to be accommodated in the said vacancy from 01.03.2012, subject to the fulfillment of other requirements as per law. It is also made clear that this order is passed taking note of the fact that the appellant is undergoing treatment for infertility https://hcservices.ecourts.gov.in/hcservices/ 3 which requires his presence continuously in Tirunelveli, as per the Medical Certificate and it shall not be treated as a precedent. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (C.O.) /True Copy/ Sub Assistant Registrar To 1.The Director of Public Health & Preventive Medicine, DMS Complex, Teynampet, Chennai 600 006. 2.The Deputy Director of Health Services, Palayamkottai, Tiruenveli 627 002. +1cc to Mr.K.Hemakarthikeyan, Advocate Sr.No.29556 +1cc to Mr.N.Mohideen Basha, Advocate Sr.No.5149 NB akm/30.08.11 /3p-5c/ JUDGMENT MADE IN W.A.(MD).No.523 of 2011 29.08.2011 https://hcservices.ecourts.gov.in/hcservices/