Madras High Court
P.V.Rajan vs The Director on 27 June, 2019
Author: D.Krishnakumar
Bench: D.Krishnakumar
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.06.2019
CORAM:
THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR
W.P.(MD)No.8099 of 2018
and
W.M.P.(MD)Nos.7683 to 7685 of 2018 and 9984 of 2019
P.V.Rajan
... Petitioner
Vs.
1.The Director,
Medical and Rural Health Services,
Chennai 600 006.
2.The Joint Director,
Medical and Rural Health Services,
Kanniyakumari District,
At Nagercoil.
... Respondents
Prayer: The petition filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorari, to call for records of the impugned order of
the first respondent herein in Ref.No.18492/N2/2/2017, dated
28.03.2018 insofar as posting the petitioner to Government Head
Quarters Hospital, Udhagamandalam, the Nilgiris and quash the same.
For Petitioner : Ms.M.Padmavathy
For Respondents : Mr.Aayiram K.Selvakumar, AGP
ORDER
This Writ petition has been filed to quash the impugned order dated 28.03.2018 in Ref.No.18492/N2/2/2017 passed by the first respondent posting the petitioner to the Government Head Quarters Hospital, Udhagamandalam, the Nilgiris.
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2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.
3.The case of the petitioner is that he has been appointed as Nurse vide proceedings dated 21.08.2015 passed by the 1st respondent / Director of Medical and Rural Health Services on consolidated pay of Rs.7,700/- with annual increase of Rs.500/- and he joined the duty on 21.09.2015 at Government Hospital, Boothapandi, Kanyakumari District. Thereafter, on 10.01.2018, the Joint Director of Medical and Rural Health Services, Kanyakumari District @ Nagercoil has deputed the petitioner from Government Hospital, Boothapandi to AR Camp Dispensary, Nagercoil. Whileso, the first respondent communicated a proceedings dated 26.03.2018 through email to the Director of Public Health and Preventive Medicine, Chennai, the Director of Medical Education, Kilpauk, Chennai, the Commissioner, Corporation in the State and the Director of Medical and Rural Health Services (ESI), Chennai, directing to inform the concerned Nurses to attend the counselling to be held on 28.03.2018 at 10.30 am in the office of the first respondent for deciding their posting on absorption into the post of regular Nurse.
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4.The grievance of the petitioner is that the aforesaid fact has not been communicated to him. Further, the communication of the 1st respondent dated 26.03.2018 by informing the petitioner herein for the counselling to be held on 28.03.2018, due to shortage of time, the petitioner lost his opportunity to attend the counselling. Thereafter, based on the impugned order dated 28.03.2018, the petitioner has been posted to Government Head Quarters Hospital, Uthagamandalam, the Nilgiris District. In this regard, the petitioner has made a representation on 06.04.2018 to the respondents. Since the same has not been considered so far, the petitioner is before this Court with the present Writ petition.
5.The first respondent has filed counter affidavit stating that for absorbing contract Staff Nurses into regular post of Staff Nurse in the time scale of pay, counselling was fixed on 28.03.2018 and the same was informed to all the institutions, vide proceedings dated 26.03.2018 passed by the Director of Medical and Rural Health Services, Chennai, who in turn was directed to inform the same to the Staff Nurses, who were working on contract basis to attend the counselling so as to opt their place in order to issue posting order Thereafter, on 28.03.2018, seven contract basis Staff Nurses had http://www.judis.nic.in 4 attended the counselling and opted their places and accordingly, posting orders have also been issued to them. However, the petitioner has not chosen to attend the counselling on that day and then, the list of Nurses, who did not attend the counselling, was prepared and based on available vacancies and posting orders were issued to them. Accordingly, the petitioner has been posted to Government Head Quarters Hospital, Uthagamandalam vide proceedings dated 28.03.2018.
6.It is seen from the records that the first respondent vide proceedings dated 26.03.2018 informed the authorities concerned with regard to the counselling for Nurses to be held on 28.03.2018 at 10.30 a.m in the office of the 1st respondent / Director, Medical and Rural Health Services, Chennai, for deciding their posting on absorption into the post of regular Nurse. Though it is the stand of the respondents that the concerned officials had put the petitioner on notice about the counselling to be held on 28.03.2018, no proof to substantiate the same has been produced. Without placing any material on record to show that the petitioner was informed of the counselling to be held on 28.03.2018, it is not right on the part of the respondents stating that the claim of the petitioner is baseless.
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7.Further, it is evident from the materials on record that the proceedings of the first respondent dated 26.03.2018 has been sent through email for being brought to the notice of persons like the petitioner and informing them of the counselling process that is to be held on 28.03.2018 at 10.30 a.m.
8.Even according to the respondents, communication relating to counselling was sent on 26.03.2018 informing of the counselling to be held on 28.03.2018. Such being the case, persons like the petitioner, who are working away from Chennai, where the counselling was scheduled to take place, would have been put in great trouble to reach Chennai within the very short time, that too, they were informed of the communication as early as on 26.03.2018, for which, as pointed out above, no material is placed before this Court by the respondents. Without providing sufficient time, at best a breathing time to the persons to attend the counselling, this Court could not understand as to the reasons behind fixing the counselling at such a short notice.
9.Accordingly, the impugned order as it relates to transfer and posting the petitioner from Nagercoil to Uthagamandalam alone is http://www.judis.nic.in 6 quashed with a further direction to the respondents either to conduct fresh counselling or to hear the petitioner on his choice of posting and thereafter, pass orders in accordance with law. Insofar as the impugned order relating to absorption of the petitioner is concerned, the same stands unaltered.
10.The learned counsel for the petitioner submitted that in the light of the interim order dated 13.04.2018 passed by this Court, the respondents have not paid salary to the petitioner for the past one year.
11.In view of the fact that the respondents are directed to pay salary to the petitioner forthwith and the arrears of salary shall be paid to the petitioner within a period of 8 weeks from the date of receipt of a copy of this order.
12.The Writ petition is allowed in the above terms. No costs. Consequently, connected W.M.Ps.are closed.
27.06.2019 nbj http://www.judis.nic.in 7 D.KRISHNAKUMAR,J.
nbj To
1.The Director, Medical and Rural Health Services, Chennai 600 006.
2.The Joint Director, Medical and Rural Health Services, Kanniyakumari District, At Nagercoil.
W.P.(MD)No.8099 of 2018
27.06.2019 http://www.judis.nic.in