1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27/07/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.8333 of 2011 and M.P.(MD).No.1 of 2011 M.Maria Louis Peggy Gomez ... Petitioner Vs. The Director of Medical and Rural Health Services, Chennai - 600 006. ... Respondent Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondent to consider and pass order on the petitioner's representation dated 16.07.2011 seeking transfer to the forthcoming vacancy for the post of Chief Civil Surgeon (Anaesthesia Specialist) at the place of District Government Head Quarters Hospital, Dindigul. For petitioner .. No appearance For respondent .. Mr.T.S.Mohamed Mohideen, Additional Government Pleader ORDER Though there is no representation on behalf of the writ petitioner, considering the limited relief sought for in this writ petition, this Court is inclined to pass suitable orders on the pleadings and the materials on record. 2.According to the petitioner, she is the Chief Civil Surgeon (Anaesthesia Specialist) working in Government Head Quarters Hospital, Manapparai, Trichy. Counselling for the post of Chief Civil Surgeon was conducted by the Director of Medical and Rural Health Services, Chennai, respondent herein, on 12th and 13th January, 2011 respectively, as per the seniority i.e., Civil Medical List (CML). During the promotion counselling, on the basis of seniority of CML No.5841 of 2005, the petitioner opted to work at Manapparai as Chief Civil Surgeon (Anaesthesia Specialist). Accordingly, she joined there on 24.01.2011. Though three other doctors were promoted as Chief Civil Surgeon (Anaesthesia Specialist), vide order dated 21.01.2011, the petitioner is the senior most among them. It is the further contention of the petitioner that she is suffering from Lumbar Disc Prolapse with Sciatica and Cervical Spondylitis and therefore, she finds it difficult to travel from Manapparai, Trichy District to Dindigul District, where she has permanent residence. Apart from the above, the petitioner's daughter is pursuing her Engineering Decree in Dindigul, as a day scholar. She further submitted that there is a likelihood of vacancy for the post of https://hcservices.ecourts.gov.in/hcservices/ 2 Chief Civil Surgeon (Anaesthesia Specialist) in Government Head Quarters Hospital, Dindigul, on 01.08.2011, due to the superannuation of the present incumbent on 31.07.2011. Coming to know about that, the petitioner made a representation dated 01.07.2011, followed by a reminder dated 16.07.2011 which were not considered so far. It is the further contention of the petitioner that Dr.K.Rajendran and Dr.S.Anbuselvam, who were promoted along with her, though juniors to her, have also expressed their willingness to the respondents for their transfer to the post of Chief Civil Surgeon (Anaesthesia Specialist) in Government Head Quarters Hospital, Dindigul. In the light of her physical condition and she being senior in the post of Chief Civil Surgeon (Anaesthesia Specialist), the petitioner prays that her representation dated 16.07.2011 be considered by the respondent. The writ petition has been filed on 25.07.2011 i.e., within a very short time. 3.A mandamus can be issued only when there is a legal or statutory right to be enforced and consequently, there must be a failure on the part of the respondent to discharge his duties. Pleadings disclose that within a very short time of seven days, the petitioner has come forward to seek for a mandamus alleging that her representation dated 16.07.2011 has not been considered. Reasonable time has not even been given to the respondent. Nevertheless, pleadings and materials on record show that for the very same relief of transfer, the petitioner has made a representation dated 01.07.2011 to the Director of Medical and Rural Health Services, Chennai, the respondent herein and that the same has been acknowledged. Therefore, on the facts and circumstances of this case, this Court is inclined to mould the relief and issue a direction to the respondent to consider the representation, dated 01.07.2011, on merits and in accordance with law. As the above said post is likely to fall vacancy on 31.07.2011, the respondent is further directed to take action on the representation, as expeditiously as possible. The petitioner is permitted to send a copy of the representation along with the order made in the present writ petition or she can even meet the respondent in person, along with the copy of this order. Option is left to her. 4.With the above directions, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar (C.S) To 1. The Director of Medical and Rural Health Services, Chennai - 600 006. + 2 ccs' to Mr.C.Dhanaseelan, Advocate, SR No.24858 W.P.(MD) No.8333 of 2011 27.07.2011 gcg RJ/27.7.11 (IT) 2p/4c https://hcservices.ecourts.gov.in/hcservices/