1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 08.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P(MD)No.2678 of 2011 and M.P.(MD)No.1 of 2011 Dr.K.Rajendran .. Petitioner Vs. 1.The Principal Secretary, Department of Health and Family Welfare, Secretariate, St.George Fort,Chennai. 2.The Director of Medical Education, Kilpauk, Chennai. .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to give the petitioner a post in the category of Associate Professor in General Surgery according to Civil Medical Seniority List in any one of the medical colleges viz., 1.Tirunelveli Medical College, Tirunelveli, 2.Kanyakumari Medical College, Kanyakumari. For Petitioner : Mr.P.Natarajan For Respondents : Mr.V.Rajasekaran,Spl.Govt.Pleader O R D E R Mr.V.Rajasekaran, learned Special Government Pleader takes notice. By consent, the writ petition itself is taken up for final hearing. 2.The present writ petition is filed for a Mandamus, directing the respondent to give him a post in the category of Associate Professor in General Surgery, according to Civil Medical Seniority List in any one of the Medical Colleges viz., 1.Tirunelveli Medical College, Tirunelveli, 2.Kanyakumari Medical College, Kanyakumari. 3.The case of the petitioner is that he was working as a Chief Civil Surgeon – General Surgery specialist in ESI Hospital, Sivakasi under Director of Medical and Rural Health Services. He has already worked as Assistant Professor of Surgery in Govt.Rajaji Hospital and Madurai Medical College with a teaching experience of 9 years and 10 months in General Surgery. He has served in Directorate of Medical Education for 14 years and 2 months. He has applied to the DME with https://hcservices.ecourts.gov.in/hcservices/ 2 service particulars through proper channel to include his name in the post of Professor/Associate Professor Surgery on 27.10.2010. His name was also included in the list of Medical Officers in General Surgery of the second respondent. 4.As per the letter of the first respondent dated 31.01.2011 guidelines for conducting transfer/promotion counselling for the year 2011, he has attended the promotion counselling for the post of Associate Professor in General Surgery on 05.02.2011 in DME Office. In counselling during his turn, the DME did not allowed him to take up the post by saying that the Medical Officer in DME side only will be allowed and asked him to wait. As per the guidelines issued by the Health Secretary, the eligible Medical Officers with enough teaching experience working in other directorates are allowed to get their promotion in counselling as one time measure. But, however, he was not allowed to take up the promotion post. The petitioner made a representation to the Director of Medical Education on 10.02.2011. However, the said representation was not considered so far, which made the petitioner to approach this Court by filing the present writ petition. 5.Considering the limited scope of the matter, without expressing any opinion on the claim made by the petitioner, I direct the second respondent to consider the grievance of the petitioner as putforth by the petitioner in his representation dated 15.02.2011 on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Till the representation is considered, the post shall not be filled up by the respondents. No costs. The writ petition is ordered accordingly. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary, Department of Health and Family Welfare, Secretariate, St.George Fort, Chennai. 2.The Director of Medical Education, Kilpauk, Chennai. +1cc to Mr.P.Natarajan Advocate, Sr.No.11685 ORDER MADE IN W.P(MD)No.2678 of 2011 08.03.2011 MPK/SMA/25.3.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/