1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.12641 of 2011 Dr.A.Banumathi ... Petitioner Vs. 1. The Director of Medical and Rural Health Service, Chennai-06. 2. The Joint Director of Health Service, Tuticorin. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to include the name of the petitioner in the promotion panel of Chief Civil Surgeon for the year 2009. For Petitioner : M/s.V.Manikandan For Respondents : Mr.T.R.Janarthanan Additional Government Pleader O R D E R The present Writ Petition has been filed by Dr.A.Banumathi seeking a Writ of Mandamus under Article 226 of the Constitution of India, to direct the respondents to include the name of the petitioner in the promotion panel of Chief Civil Surgeon for the year 2009. 2. The learned counsel for the petitioner submits that the petitioner joined as a Medical Officer on 03.06.1987 and as of now the petitioner has put in 25 years of service and that apart, she has been serving as Medical Officer at Valanadu Primary Health Centre for the past 11 years. But her name was not included in the panel drawn for Chief Civil Surgeon for the year 2009-2010. On enquiry, it was informed by the first respondent, the Director of Medical and Rural Health Service, Chennai that due to award of punishment of censure against the petitioner, a charge memo was issued under Rule 17(a) of Tamil Nadu Civil Service (Disciplinary and Appeal) Rules, hence, her name was not included. Under these circumstances, the grievance of the petitioner as advanced by the learned counsel for the petitioner is that when she was awarded the punishment as per proceedings dated 24.02.2009 by the Director of Public Health, Chennai, her name should have been included in the approved list of Chief Civil Surgeon drawn for the year 2009 as the crucial date was 23.10.2009. When all her batch mates and some of the juniors were also included in the list, only because of the punishment of censure, followed by the check period of one year, the respondents cannot keep her name excluded in the approved list of Chief Civil Surgeon. She has also taken support of the Full Bench judgment of this Court, in the case of the Deputy Inspector General of Police and others vs. V.Rani https://hcservices.ecourts.gov.in/hcservices/ 2 reported in 2011(3) CTC 129 to state that the cheque period of one year and the punishment of censure is no longer held as impediment for not including anyone in the future seniority list. On that basis, she prays for a direction to the respondents to include her name in the promotion panel of Chief Civil Surgeon. 3. The ratio laid down in the above mentioned Full Bench judgment of this Court vividly holds that the check period of one year for censure is no longer lawful or legal to postpone the petitioner's name to be included in the promotion panel of Chief Civil Surgeon for the year 2009. However, the petitioner has made her representation on 06.06.2011 and the said representation has not been till date disposed of. 4. Accordingly, this Court directs the respondents to consider the petitioner's representation and pass appropriate orders to include her name in the promotion panel of Chief Civil Surgeon for the year 2009 and pass appropriate orders within a period of eights weeks from the date of receipt of a copy of this order. In view of the above direction, this Writ Petition is disposed of. No costs. akv Sd/- Assistant Registrar[RTI] /True copy/ Sub Assistant Registrar To 1. THE DIRECTOR OF MEDICAL AND RURAL HEALTH SERVICE, CHENNAI-06. 2. THE JOINT DIRECTOR OF HEALTH SERVICE, TUTICORIN. +1 CC TO SPECIAL GOVERNMENT PLEADER, SR.NO.38660. W.P.(MD)No.12641 of 2011 DATED:08.11.2011 2P/4C RPB : 18.11.2011 https://hcservices.ecourts.gov.in/hcservices/