IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.12.2020 CORAM THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.No.12665 of 2007 (O.A.No.3770 of 2003) Dr.A.Mary Vijaya ... Petitioner Vs. The Director of Public Health & Preventive Medicine, Anna Salai, Chennai – 600 006. ... Respondent PRAYER : Originally this petition has been filed as Original Application No.3770 of 2003 before the Tamil Nadu Administrative Tribunal at Chennai and after abolition of TNAT, petition has been transferred and numbered as W.P.No.12665 of 2007. Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent herein to consider the applicant's representation to him dated 11.03.2003. For Petitioner : Mr. S.Giridharan No appearance For Respondent : Mr.K.Magesh Special Government Pleader ORDER This Writ Petition has been filed directing the respondent to consider the petitioner's representation dated 11.03.2003. 2. The petitioner has filed the Original Application before the Tamil Nadu Administrative Tribunal, Chennai. Subsequently, due to abolition of the Tribunal, this matter was transferred to this Court and renumbered as W.P.No.12665 of 2007. 3. The petitioner was working as an Assistant Surgeon. Thereafter, she became a Medical Officer in-charge at Primary Health Centre at Ganapathipuram. There were residential quarters intended for the Medical Officer's stay. When the petitioner joined there, the quarters were not in a habitable condition. In July 1992, the building was cleaned and renovated for the purpose of accomodating the Siddha Wing of the Medical Service and they occupied on 08.03.1992 and https://hcservices.ecourts.gov.in/hcservices/ continued till 31.08.2002. Further, the Siddha Wing vacated the premises on 31.08.2002 on the request of the Deputy Director of Health Services. Since the quarter was not available to the petitioner during her tenure as Medical Officer in-charge from 01.07.1992 to 07.08.2002, she took the house of one Nadaraja Pillai of Ganapathipuram for rent and she paid the rent herself. The previous Medical Officer did not occupy the quarters. The petitioner, long after she left the station, received a notice from the Block Medical Officer, Government Public Health Centre, demanding the petitioner to remit a sum of Rs.72,644/- in the Government Treasury by way of 60 installments. Since she did not occupy the quarters, she is not liable to pay the recovery made against salary and it is unwarranted. 4. Today, when the matter is taken up for hearing, there is no representation on behalf of the petitioner. 5. Heard learned Special Government Pleader appearing for the respondent. 6. Learned Special Government Pleader would submit that the petitioner joined as Assistant Surgeon on 09.04.1990 and was initially posted at the Government Primary Health Centre. Subsequently, she was posted at the Primary Health Centre in Kanyakumari District and became the Medical Officer in-charge from 01.07.1992 and she served till 07.08.2002. While working at Ganapathipuram, there was a residential quarter for Medical Officer. The petitioner was suppose to live in the quarters and she is not eligible for the house rent allowance and she did not occupy the quarters but claimed house rent allowance. Therefore, the sum was recovered from the petitioner. Now the petitioner retired from service and all the dues from the petitioner were already recovered by the Department concerned. 7. Recording the above submission made by the learned Special Government Pleader that the petitioner is retired from his service and that the dues were recovered from the petitioner by the Department concerned, this Writ Petition is dismissed as infructuous as nothing survives for further adjudication. No costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar sni https://hcservices.ecourts.gov.in/hcservices/ To The Director of Public Health & Preventive Medicine, Anna Salai, Chennai – 600 006. +1 cc to Government Pleader Sr.No. 38660 W.P.No.12665 of 2007 MJB co A.SK(20.01.2021) https://hcservices.ecourts.gov.in/hcservices/